logo
Share SHARE
FONT-SIZE Plus   Neg

Hologic Gets Favorable Ruling In Patent Infringement Suit With Becton, Dickinson

Hologic, Inc. (HOLX: Quote) announced a favorable ruling in its patent infringement litigation filed by its subsidiary, Gen-Probe, against Becton, Dickinson and Co. (BDX: Quote), or BD.

In a decision dated September 28, 2012, the Honorable Roger T. Benitez, United States District Judge for the Southern District of California, granted Gen-Probe's summary judgment motions of direct infringement, ruling that the use of BD's ProbeTec Qx CT/GC (chlamydia and gonorrhea) assays on the BD VIPER System with XTR Technology, and the use of BD's GBS assays on the BD MAX System, infringe three of Gen-Probe's patents covering automated nucleic acid testing.

In addition, the Court granted summary judgment that BD's specimen collection products, used in conjunction with its ProbeTec Qx CT/GC assays, infringe another Gen-Probe patent covering penetrable caps. The Court denied BD's summary judgment motion to dismiss Gen-Probe's infringement claims based on an alleged lack of standing to sue, as well as BD's summary judgment motions seeking to invalidate the asserted patents. The Court found that BD did not infringe a fourth automation patent and a second penetrable cap patent.

A jury trial on the left over issues is scheduled to commence on December 4, 2012. The issues to be decided at trial include whether BD is liable for inducing its customers to infringe Gen-Probe's patents, whether BD's infringement has been willful, and the monetary damages owed Gen-Probe, as well as BD's defenses, which include challenges to Gen-Probe's standing to sue and the validity of the patents.

Also, Gen-Probe is requesting that the Court treble the monetary damages and enter a permanent injunction to prevent further infringement.

by RTT Staff Writer

For comments and feedback: editorial@rttnews.com

Business News

Quick Facts

Editors Pick
Lender Barclays Plc. Tuesday said full-year profit before tax declined 21 percent from last year, hit by items. The company noted that its Personal and Corporate Banking or PCB and Barclaycard businesses continued to thrive and grow, while Africa Banking did well despite currency headwinds. The company saw encouraging performance in several areas of Investment Bank. Fox News pundit Bill O'Reilly remains under fire amid accusations that he trumped up his role in covering international events. Only weeks after a Mother Jones article raised doubts about his claims that he was in the "warzone" during the Falklands War, the Washington Post noticed that O'Reilly once... PayPal, the online payment unit of Ebay, said it has agreed to buy mobile payment company Paydiant as part of efforts to expand its mobile offerings for merchants. The deal comes at a time when the mobile payment space is suffused with prominent players like Apple and Google, with retailers seeking their own mobile payment applications.
comments powered by Disqus
RELATED NEWS
Trade HOLX now with 
Follow RTT