Lab-Grown Patent Case Will Go Ahead, Judge Rules

By John Jeffay / May 12, 2020 / www.idexonline.com / Article Link

(IDEX Online) - The case against lab-grown diamond companies accused of patent infringements is to go ahead, after a judge threw out their motions to dismiss.The Carnegie Institution of Washington and WD Lab Grown Diamonds, the manufacturer licensed to use its chemical vapor deposition (CVD) technology, are jointly bringing a case against competitors at a New York federal court.Defendants Fenix Diamonds and Pure Grown Diamonds claimed in court that the growth of a diamond, even under controlled conditions, was a natural phenomena and therefore unpatentable and that as a result, the allegations did not plausibly allege infringement.But Judge Jed Rakoff dismissed their motions in their entirety.He opened his 29-page opinion and order by referencing the song made famous by Carol Channing and Marilyn Monroe. "Diamonds are a girl's best friend," he wrote. "Even if they are grown in a lab. At least this is the view of the plaintiffs in these consolidated actions, who describe themselves as 'pioneers in the laboratory synthesis of high-clarity diamonds'."The plaintiffs claim two patent infringements  - one relating to a type of CVD production called microwave plasma CVD, the other concerning a method of repairing visual and other defects in lab-grown diamonds.

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