ONE of the two companies planning to sequence the entire human genome in
rapid time is facing a legal challenge that could derail its efforts.
Celera Genomics, based in Rockville, Maryland, was launched to leapfrog
efforts to sequence the genome by the publicly funded Human Genome Project (This
Week, 16 May, p 4). But Amersham Pharmacia Biotech of Little Chalfont,
Buckinghamshire, now claims that a key element of Celera鈥檚 sequencing technology
infringes a patent.
The challenge centres on the 鈥渆nergy dyes鈥� that enable each base in the
genome to be 鈥渞ead鈥� by a sequencing machine. Guanine, thymine, adenine and
cytosine, the bases that make up the alphabet of DNA, each trigger different
light signals from the dyes.
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Amersham has signed an exclusive licence to use and sell dyes developed by
the University of California, which won a patent in November 1997. The company
launched its dyes under the DYEnamic tradename in 1996.
Amersham鈥檚 action against Celera extends an earlier suit filed in March
against Perkin-Elmer of Norwalk, Connecticut, which launched its rival BigDYE
range of energy dyes this year. Amersham claims these dyes infringe the
University of California鈥檚 patent.
Perkin-Elmer founded Celera with Craig Venter of The Institute for Genomic
Research, or TIGR, in Rockville. Celera鈥檚 sequencing effort depends upon the
BigDYE range. Its commercial rival, Incyte of Palo Alto, California, is using
both Perkin-Elmer and Amersham dyes. Although some of its sequencing machines
work with only one brand of dye, this means that Incyte is less reliant on the
Perkin-Elmer range.
The case is expected to be heard next summer in Delaware. 鈥淚f we win, they
must stop using the dyes or pay us royalties,鈥� says a spokesman for
Amersham.
But Celera and its parent insist that their genome-sequencing programme
remains on track. 鈥淲e鈥檙e very confident of our position, and we intend to defend
it vigorously,鈥� says a spokesman for Perkin-Elmer.