Ajinomoto Co. Inc. c.s. vs. Global Bio-Chem Technology Group Company Ltd c.s

District Court of The Hague, 22nd August 2007, HA ZA 06-2131. Ajinomoto Co. Inc. c.s. vs. Global Bio-Chem Technology Group Company Ltd c.s

Short summary of a biochemical patent case with several interesting legal aspects.

Because the bacteria’s complete DNA-sequence was not present in the used end product it was difficult for the claimant to prove infringement of it’s patent. That proof was given through gene sequencing analyses of the DNA fragments which were present in the L-Lysine. The Court dismisses GBT’s defence, as it did not definitely conclude that what was claimed was a completely modified gene-sequence. The evidence, which was offered, makes the claimed highly likely and a apposing explanation has not been offered.

Read the entire judgement here.