Benitec wins crucial court judgement against Nucleonics

Melbourne, Australia-based Benitec says that the US Federal Circuit has issued its decision in the Benitec versus Nucleonics appeal, affirming the initial decision to dismiss the Nucleonics' challenge for lack of subject matter jurisdiction.

"We are delighted with the ruling in this case," said Benitec chief executive Sue MacLeman adding: "this litigation has been ongoing since 2004 and we are pleased that with this second confirmation from a US court we can now fully focus our attention, efforts, and resources toward rebuilding Benitec and developing RNAi therapeutics."

Benitec had originally sought dismissal after the Supreme Court's Integra vs Merck & Co decision rendered further litigation on the issues in the case nugatory. Nucleonics opposed the dismissal, arguing that a case and controversy remained.