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7 February 2017Patents

Ancestry.com coughs up $12.5m to settle DNA patent quarrel

Genealogy research website Ancestry.com has agreed to pay $12.5 million to settle a patent infringement quarrel centring on DNA.

OraSure Technologies, the parent company of DNA Genotek, announced the settlement and licensing agreement yesterday, February 6.

DNA Genotek, which provides biological sample collection products, sued Ancestry and its contract manufacturer, Spectrum Solutions, over kits for collecting saliva DNA.

Ancestry was accused of infringing US patent number 8,221,381 B2 and breaching a contract with DNA Genotek, while Spectrum Solutions allegedly infringed US number 9,207,164 B2.

Now, the parties have agreed to a mutual release of claims, including the dismissal of pending federal lawsuits in the US District Court for the District of Delaware and the Southern District of California.

The parties will also jointly seek termination of inter partes review proceedings before the US Patent and Trademark Office involving the DNA Genotek patents asserted in the litigation.

As part of the agreement, DNA Genotek has granted Ancestry a royalty-bearing, non-exclusive worldwide licence to certain patents related to the collection of DNA in human saliva.

The licence granted to Ancestry is limited to saliva DNA collection kits sold or used as part of Ancestry’s genetic-testing service offerings.

The agreement also provides DNA Genotek with a royalty-free, non-exclusive licence to patents related to Ancestry’s existing saliva DNA collection kits.

“We are pleased to have resolved this litigation,” said Douglas Michels, president and CEO of OraSure Technologies.

He said that OraSure is committed to innovation and an important part of this commitment is the protection of technology and products.

Michels added that the companies will “remain vigilant” in seeking to enforce their intellectual property rights where needed.

A spokesperson for Ancestry said: "We are pleased to have this matter resolved and remain focused on delivering our millions of customers the best possible product and experience."

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More on this story

Trademarks
27 June 2017   Genealogy research website Ancestry.com has settled a trademark infringement lawsuit against rival DNA Diagnostic Centre.
Patents
14 May 2018   DNA testing company 23andMe has sued Ancestry.com for infringing a patent related to helping users find relatives.