logo
Share SHARE
FONT-SIZE Plus   Neg

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

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

For comments and feedback: editorial@rttnews.com

Business News

Quick Facts

Editors Pick
Low-cost airline Allegiant Air announced its order for brand-new aircraft for the first time in its history. The carrier announced on Friday it had reached a deal to purchase 12 current-generation models of Airbus' A320 narrow-body jets. The company termed the deal as "another step towards Allegiant's... Los Angeles City officials have filed criminal charges against Soylent CEO Robert Rhinehart for placing a bright red shipping container on Montecito Heights hillside as part of his "experiment in sustainable living." City Attorney Mike Feuer Friday announced that his office has filed multiple criminal... A new study says that if Hillary Clinton is elected then her proposals will strengthen the U.S. economy and create millions of jobs. According to Moody's Analytics, Hillary Clinton's economic proposal would oversee a "somewhat stronger U.S. economy." The conclusion was reached after assessing her...
comments powered by Disqus
Follow RTT