Category: District Court

  • Permanent Injunction Issued Against Abbott HCV Genotyping Test Kit     By Robert Dailey — District Judge Barbara Crabb of the Western District of Wisconsin has issued a permanent injunction against Abbott that halts worldwide sales of its HCV genotyping test kits.  In an opinion issued last week (and reported on Patent Docs), the Court…

  •    By Robert Dailey — Last Friday the Federal Circuit refused Ariad's request to hear its appeal of a pre-trial ruling in its district court litigation with Amgen.  In mid-2006, Amgen filed a declaratory judgment action against Ariad in the U.S. District Court for the District of Delaware. Ariad responded by asking Judge Kent Jordan…

  • Innogenetics Wins $7 Million Judgment Against Abbott for Infringing HCV Genotyping Method     By Robert Dailey — Judge Barbara Crabb, in an opinion issued last week, rejected all of Abbott's post-trial motions and upheld an earlier $7 million verdict against its diagnostics division for infringing an Innogenetics patent. Innogenetics owns U.S. Patent Number 5,846,704…

  • BASF Prevails in Seed-Saving Infringement Case     By Robert Dailey — A federal district court held that a farmer who saved rice seed in violation of BASF's standard Stewardship Agreement infringed the patents covering the seed and its use.  The buyer of the saved seed, however, had never actually signed the Stewardship Agreement covering…

  • Communications to Swiss Patent Agents Held Not Subject to Privilege     By Robert Dailey — A discovery order in the ongoing ANDA litigation over Exelon (In re Rivastigimine, No. 05-MD-1661-HB, S.D.N.Y.) held that attorney-client privilege does not attach to communications between Novartis and its Swiss patent agent. Communications to foreign patent agents are covered by…