Spectrum Solutions Secures Summary Judgment Win

On May 2, 2023, Spectrum Solutions secured a summary judgment win in a patent infringement suit regarding Spectrum’s groundbreaking whole saliva collection device.

Spectrum’s SDNA device became the first product granted Emergency Use Authorization by the Food and Drug Administration for the collection of samples for RT-PCR Covid testing. Soon afterwards, DNA Genotek—a wholly-owned subsidiary of Orasure Tehnologies, Inc.—accused Spectrum of infringing two U.S. patents with its saliva collection kits.

In today’s decision, Judge Robert S. Huie of the U.S. District Court for the Southern District of California issued an order granting Spectrums’ motion for summary judgment of non-infringement of the two patents-in-suit. The decision resolves in Spectrum’s favor all of the claims that DNA Genotek brought against Spectrum and its product in the case, leaving only Spectrum’s claims against DNA Genotek for inequitable conduct, alleging that one of the asserted patents was procured through fraud before the U.S. Patent & Trademark Office and that DNA Genotek violated the antitrust laws by suing Spectrum on a fraudulently-obtained patent.

Commenting on the decision, Stephen Fanning, Spectrum’s CEO, said: "We feel vindicated by the Court’s decision. Now that Spectrum has successfully defeated all of DNA Genotek’s claims, Spectrum can focus on its business without the specter of meritless infringement claims over our innovative technology." Mr. Fanning also added that "Spectrum will continue to vigorously pursue its fraud and antitrust claims against DNA Genotek to seek treble damages and fees for DNA Genotek’s alleged anticompetitive conduct."

Spectrum was represented in the matter by a team of attorneys at Knobbe Martens led by Ali Razai.