Thursday, January 11, 2007

Innogenetics Wins Court Injunction Order, Abbott to Halt Sales of HCV products

The U.S. District Court for the Western District of Wisconsin has taken out a permanent injunction against Abbott Laboratories Inc. prohibiting Abbott from selling or using products, including components that infringe on Innogenetics’s patented Hepatitis C Virus (HCV) genotyping technology. The injunction also prohibits Abbott from exporting components of these products to foreign countries. During hearing, the court reiterated its finding that Innogenetics suffered irreparable harm from Abbott’s infringement. The court further found that Innogenetics has the capacity to serve the needs of the Hepatitis C diagnostic market and that Innogenetics had taken all reasonable steps to comply with GMP set out by the FDA. Innogenetics is reported to be evaluating the total case and its legal options including an appeal on willfulness. Earlier in September 2005, Innogenetics sued Abbott alleging that Abbott was infringing the U.S. Patent No. 5,846,704 (the ‘704 patent) which covers a method of genotyping the Hepatitis C Virus. The court found the ‘704 patent was infringed as a matter of law. On September 01, 2006 a jury returned a unanimous verdict for Innogenetics that the ‘704 patent was valid in all respects. On September 08, 2006 same jury found Abbott had willfully infringed the ‘704 patent for a method of genotyping HCV and awarded Innogenetics US $ 7 million in damages. On January 04, 2007 the judge dismissed Abbott’s requests for a new trial, affirmed the jury’s finding that Abbott infringed the ‘704 patent, that the ‘704 patent was valid in all respects and approved the award of US $ 7 million in damages.

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