Agilent Technologies wins decision on AP-MALDI patent
Agilent Technologies Inc. announced it has prevailed in an interference between the company's 1998 patent application covering atmospheric pressure matrix-assisted laser desorption/ionization (AP-MALDI) and U.S. Patent 5,965,884, assigned to the University of California.
An interference is a proceeding conducted before the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences to determine priority of invention between a pending application and one or more pending applications and/or one or more unexpired patents. The Board awarded priority for the above interference to Agilent on Feb. 19, 2004. Most of the claims of the University of California patent have been canceled, and a patent covering AP-MALDI is expected to be issued soon to Agilent.
AP-MALDI represents a breakthrough in MALDI, a well-established technique for ionizing proteins, peptides and other biomolecules so that they can be identified by mass spectrometry. The original MALDI technology, however, operated only under a high vacuum. Introducing new samples required breaking and reestablishing the vacuum or relying on complicated vacuum interlocks.
Agilent's AP-MALDI technology allows ionization to take place at atmospheric pressure. It combines the power of MALDI with the ease of use of other atmospheric pressure ionization techniques. AP-MALDI facilitates the fast, easy analysis of large numbers of samples. Agilent offers AP-MALDI ion sources for its ion trap and time-of-flight mass spectrometers.
Both Agilent and the University of California applied for patents related to AP-MALDI. A patent was initially issued to the University of California, the senior party in the interference. Subsequently, the patent office declared an interference between the University of California patent and the Agilent application because they covered the same inventive subject matter. The three administrative patent judges awarded priority to Agilent, the junior party, after evaluating the evidence surrounding the independent inventions of the two parties.
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