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