Cornell University, et al. v. Illumina Inc., C.A. No. 10-433 – LPS-MPT, May 6, 2016.
Claim construction opinion issues regarding thirty-three terms from eleven patents. A Markman hearing took place on February 22, 2016.
Thynge, C.M. J. The disputed technology relates to methods for determining whether a certain DNA sequence is present in a sample. The following terms were considered:
- “oligonucleotide probe set(s)”
- “primer-specific portion”
- “ligation product sequence(s)” “ligation products”
- “composite oligonucleotide”
- “solid support”
- “an array of positions”
- “linker”
- “immobilized”
- “attached”
- “suitable for attachment”
- “coupled to”
- “capture oligonucleotide probes” “capture oligonucleotide(s)”
- “capturing said one or more amplification products to a solid support”
- “each [type of] capture oligonucleotide hybridizes to a nucleic acid molecule comprising a complementary nucleotide sequence the capture oligonucleotides hybridize to complementary portions of the target nucleic acid molecules”
- “one or more target nucleic acid molecules hybridized [to complementary portions of the capture oligonucleotides on the solid support]”
- “each type of capture oligonucleotide . . .hybridizes to its complement”
- “wherein the zip code portion of each of the composite oligonucleotides . . .hybridizes to its complement”
- “the capture oligonucleotides hybridize to the complementary portions of the nucleic acid molecules”
- “each capture oligonucleotide probe of the array differs in sequence from its adjacent capture oligonucleotide probe, when aligned to each other by at least 25%”
- “each capture oligonucleotide probe of the array differs in sequence from its adjacent capture oligonucleotide probe, when aligned to each other by at least 25%”
- “each type of capture oligonucleotide . . .differs in nucleotide sequence, when aligned to another type of capture oligonucleotide that is located on an adjacent position of said solid support, by at least 25%”
- “each type of capture oligonucleotide . . .differs in nucleotide sequence, when aligned to another type of capture oligonucleotide, by at least 25%” “each type of capture oligonucleotide . . . differs by at least 25% in nucleotide sequence, when aligned to another type of capture oligonucleotide” “comprises a nucleotide sequence that differs from the nucleotides sequence of other types of capture oligonucleotides in the collection by at least 25% when aligned each type of capture oligonucleotide . . . comprising nucleotide sequence that differs from the nucleotide sequence of other types of capture oligonucleotide of the collection by at least 25% when aligned each type of capture nucleotide . . . with a nucleotide sequence that differs from the nucleotide sequence of other types of capture oligonucleotides on the solid support by at least 25% when aligned”
- “uniform hybridization conditions”
- “addressable array specific portion”
- “address-specific portion”
- “zip code portion”
- “unique nucleotide sequence” “unique nucleotide portion”
- “ligase detection reaction”
- “suitable for ligation together”
- “ligase detection reaction cycles”
- “ligase detection reaction mixture” “ligation detection reaction mixture” “reaction mixture”
- “polymerase chain reaction (PCR) mixture PCR mixture”
- “target-specific portion(s)”
