With the Supreme Court about to weigh in on the
controversial subject of gene patents, it bears noting that humans are not the
only ones whose genes are patented. A company called Prolume, located in Pinetop, Arizona,
apparently owns a couple of gene patents claiming the DNA encoding green
fluorescent proteins (GFPs) and luciferases from a variety of sea creatures of
the genera Renilla, Gaussia and Pleuromamma (6,232,107 and 7,109,315).
Recently, Prolume filed a lawsuit in the Southern District
of California against a multiple companies, including Gentarget, alleging
infringement of the patents. Prolume appears to have targeted these
companies based on the description of products provided on the company
websites. For example, the complaint states that "a search of the word
‘gaussia’ at www.gentarget.com reveals 14 products that incorporate Gaussia
Luciferase.”
The complaint notes that Prolume cannot determine from the
Gentarget website which claims are being infringed without an analysis of the
DNA sequence used in their products. However, Prolume infers infringement based
upon the frequency of light that excites the protein, and that is emitted, as
described in the company's product literature. Presumably Prolume will seek
discovery to ascertain the DNA sequences used by the defendants in the
production of their products.
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Patent laws need to be reformed to make it more difficult to sue.
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