Tom Mitcheson QC, Tom Hinchliffe QC, Miles Copeland and Alice Hart appeared for MGI with Isabel Jamal, instructed by Allen & Overy LLP, in the trial of this case concerning the validity and infringement of five of Illumina’s DNA sequencing patents, which took place in a hybrid format before Birss J in November 2020.
The Judge found four of Illumina’s patents to be valid and infringed, and the fifth invalid for obviousness and not infringed. The judgment covers a number of important patent law issues including the identity of the skilled person, priority, obviousness, insufficiency following the Supreme Court’s decision in Regeneron v Kymab, infringement by equivalents and the principle of collocation.
