Innogenetics receives unanimous verdict against Abbott
On Friday, September 1, 2006, a Jury unanimously upheld the validity of Innogenetics' patent, U.S. Patent No. 5,846,704 ("the '704 patent"), which claims a method of genotyping the hepatitis C Virus ("HCV"). The dispute began in September 2005 when Innogenetics brought suit against Abbott Laboratories alleging that Abbott was infringing its '704 patent. After the Court found Monday that Abbott's non-infringement argument was insufficient as a matter of law, the issue of the '704 patent's validity was tried to the Jury. After a four-day trial, the Jury began deliberations and shortly thereafter returned an unanimous verdict for Innogenetics that the '704 patent was valid in all its aspects. Last month, the Court issued a summary judgment decision denying Abbott's motion that the '704 patent is unenforceable.
The issues of damages and wilful infringement will begin being tried before the Jury next Tuesday. Shortly after the Jury's decision, Innogenetics also noted its intention to seek an injunction against Abbott.
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