October 11, 2016 – Plaintiff DNA Genotek Inc.’s motion for a preliminary injunction against Defendants Spectrum Solutions LLC and Spectrum DNA (collectively, “Spectrum”) has been denied. DNA Genotek, a provider of biological sample collection products, owns the patent-at-issue in this case, U.S. Patent No. 9,207,164 titled “Container system for releasably storing a substance.” The court found DNA Genotek unlikely to succeed on the merits of the validity of the claims because an inter partes review was recently instituted on a related patent with similar claims. The accused Spectrum product is a saliva collection kit. The case is pending in the United States District Court for the Southern District of California, and is number 16-cv-1544.
By: Katherine E. Adams