— Gassens lawyers have filed a new lawsuit against the California Department of Justice seeking to stop a state agency from trying to block the company from using a technology it patented.
The lawsuit was filed Thursday in U.S. District Court in Los Angeles by attorney Thomas Kelleher, who represents the company.
The DOJ said Friday it was reviewing the lawsuit and will not comment further.
Gassen said in a statement Friday that it has filed a motion to dismiss.
The company has filed two lawsuits against the DOJ, seeking to prevent it from interfering with the patents.
Gassing, which is owned by the Swiss pharmaceutical giant Novartis AG, uses a gas that causes tumors to grow, in a process called metalloporosis.
It has developed a range of medicines for rare diseases.
Gasans patents cover the use of the technology, which was first patented in 1998 and was later modified to include the development of a cancer-killing compound.
Gassening also owns a drug company, SENS Research and Development Corp., that sells the drug.
The lawsuits claim that the department has no authority to interfere with the patent application process.
They said the department had issued a cease-and-desist order on March 1, 2014, demanding that Gassengers lawyers cease using the technology.
The company is appealing the order, but it has not filed a response to the court filings.
The department did not immediately respond to a request for comment.
Gasseer said in the lawsuit that it did not have to go through the government’s legal process.
The federal agency that enforces the patent is the U.K.-based Intellectual Property Office, a division of the U,S.
Department of Commerce.
It said Friday that the agency’s position was that the patents were valid and that the government had no authority under the patent law to interfere.
The patents are not protected by U.N. treaty rights and were filed in California, where Gassener operates.
The department said Friday the patent was filed by a patent applicant without the department’s consent and that it is reviewing the claims.
Gasses lawyers are challenging the patent in U,N.
The U.T.O. has previously ruled that the technology is not patented.