Statement on Octet® BLI Technology Patent Position
Bohemia, NY, USA, July 21, 2023
Our Octet® instruments utilize Bio-Layer Interferometry (BLI), a technology providing highest flexibility for the biophysical characterization in biopharma, industrial, and academic research.
We have full confidence in the strength of our intellectual property rights. To that end, we have taken legal action against a company that we believe is infringing multiple Sartorius patents. That legal action includes an administrative proceeding seeking to stop infringing imports, and a court action seeking damages and injunctive relief for patent infringement.
In response to our legal action, this company filed a request with the U.S. Patent and Trademark Office (USPTO), seeking to invalidate one of our Octet® BLI patents that we believe is being infringed. On June 20, 2023, the USPTO declined this challenge maintaining the validity of our patent.
To clarify, both the administrative proceeding and court action are still pending. While we recently received a decision in the administrative proceeding regarding a different patent than the one before the USPTO, upon review and based on the evidence, we disagree with this decision. Thus, we will exercise our right to appeal. As we have before, we will continue to enforce and protect our intellectual property rights.