GTG launches new patent infringement suit

Genetic Technologies (ASX:GTG) has fired off a fresh legal salvo in the enforcement activities for its non-coding DNA patents.

The medical diagnostics company has filed a patent infringement lawsuit against California's Reproductive Genetics Institute alleging violation of GTG's non-coding DNA patents.

GTG gave little information except to say that the lawsuit has been filed in an Illinois court, and to promise to reveal more details “as appropriate.”

GTG uses its non-coding DNA patents in BREVAGen, its genetic marker test to assess breast cancer risk.

GTG engaged in other enforcement activities in 2010. While GTG's legal forays have so far been confined to the US, the company is now exploring going after European biotechnology companies.

When GTG announced last month expanded its relationship with US-based IP attorneys Sheridan Ross to allow them to represent cases filed outside the US, CEO Paul MacLeman claimed that Europe in particular is home to “numerous large infringers who have not as yet taken licenses” to the BRCA1 and BRCA2 patents.

Success or otherwise defending its DNA patents could influence how GTG fares with the rollout of its BREVAGen tests in the US and Europe.

GTG has been progressively rolling out the tests into the US market, and last month received approval to expand into California, which is home to over 10% of the nation's breast cancer incidences.

This month, the company received CE Mark approval to launch the test in Europe, and plans to initially concentrate on the French and German markets.

The patentability of human genes is a controversial topic worldwide, and several defendants in GTG enforcement cases have tried to have at least one of its US patents overturned. But the patent has so far stood up.

Genetic Technologies (ASX:GTG) shares jumped 27.66% in Thursday's trading to $0.120, but had fallen back to $0.115 as of around 4:30pm on Friday.