Pacific Biosciences announced that on August 27, 2010, it was named as a defendant in a complaint filed by Helicos Biosciences Corp. in the U.S. District Court for the District of Delaware. In the complaint, Helicos alleges that Pacific Biosciences is infringing two patents allegedly licensed by Helicos and two patents allegedly owned by Helicos, by making, using, and selling its SMRT technology for single molecule sequencing of DNA and teaching customers how to use the SMRT technology and PacBio RS sequencing platform. While Pacific Biosciences cannot guarantee any particular outcome in this case, it believes that Helicos’ claims are without merit and will vigorously defend against the claims asserted in the complaint.

The four patents asserted by Helicos are U.S. Patent Nos. 7,645,596 and 7,037,687 (each titled “Method of Determining the Nucleotide Sequence of Oligonucleotides and DNA Molecules”), 7,169,560 (titled “Short Cycle Methods for Sequencing Polynucleotides”), and 7,767,400 (titled “Paired-end Reads in Sequencing by Synthesis”). Helicos seeks a permanent injunction enjoining Pacific Biosciences from further infringement of the asserted patents, and unspecified monetary damages, including enhanced damages under 35 U.S.C. §284, costs, attorneys’ fees and other relief as the court deems just and proper.

“Helicos’ patents are directed to methods used in their second generation ‘flush and scan’ system, and even at that, do not represent the earliest publication of those concepts,” said Hugh Martin, Pacific Biosciences’ Chairman and Chief Executive Officer. “Our third generation SMRT technology observes single molecules in real time, a fundamentally different approach.”

As of the time of this release, Pacific Biosciences has not yet been served with a copy of the Helicos complaint.