Top Defense Results: Illumina Inc. v. Complete Genomics Inc.

For the past several years, DNA sequencing rivals Illumina Inc. and Complete Genomics Inc. have been in an ongoing power struggle, both in the courtroom and in the boardrooms.

In 2012, Illumina made a play to buy the Mountain View-based upstart for $123.4 million - at the same time as it was suing the company for patent infringement.

Complete Genomics not only rejected the offer, but it also got the lawsuits thrown out. The company has since been bought by Chinese-based BGI-Shenzhen.

U.S. Magistrate Judge Elizabeth D. Laporte ruled that Complete Genomics genome-testing kits didn't violate Illumina's patents and dismissed the lawsuits on summary judgment. And she rejected a reconsideration motion early last year.

That was an important victory for Complete Genomics, as the lawsuits targeted its signature technology. Had they been successful, the complaints could have crippled the company.

"It seemed like Illumina's goal was to put Complete Genomics out of business," said defense lawyer Michael J. Malecek.

Subsequently, the two competitors agreed in July to dismiss all remaining claims they had filed against each other, with each side paying its share of the legal fees. Illumina Inc. v. Complete Genomics Inc., CV10-05542 (N.D. Cal., filed Aug. 3, 2010).

The settlement of the lawsuits allowed Complete Genomics to shift its attention away from patent litigation and focus on development of human genome sequencing technology.

The company hopes one day the technology will allow researchers and clinicians to improve diagnosis, prevention and treatment of diseases.

- EMILY GREEN

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