The court denied defendants' motion for summary judgment that plaintiff's DNA sequencing patent was invalid for failure to timely pay a maintenance fee. "[T]he Federal Circuit has considered the issue and held that a district court has no obligation or authority to analyze whether a patent has expired where the submission of a deficiency fee payment is accepted by the PTO pursuant to 37 C.F.R. § 1.28(c). The court declines to accept defendants’ invitation to find that the Federal Circuit would have held differently had a more thorough review of 35 U.S.C. § 41 been undertaken by the panel."
LadaTech LLC v. Illumina Inc., 1-09-cv-00627 (DED January 24, 2012, Order) (Robinson, J.)