JUDGE AFFIRMS PATENT INFRINGEMENT RULING, $7 MILLION AWARD TO INNOGENETICS; ABBOTT TO APPEAL

Innogenetics, a biopharmaceutical firm building a parallel business in specialty diagnostics, announced that a U.S. District Court judge for the Western District of Wisconsin affirmed a previously awarded $7 million damage verdict against Abbott Laboratories for infringing Innogenetics' hepatitis C virus (HCV) genotyping patent. The judge also rejected Abbott's requests for a new trial on infringement and validity, Innogenetics said.

The Jan. 3 order also granted Innogenetics' motion for prejudgment interest on the damage award and scheduled a Jan. 11 evidentiary hearing to consider the company's request for a permanent injunction against Abbott's sale of infringing products, Innogenetics said.

According to Innogenetics, the litigation began in September 2005 when Innogenetics sued Abbott, alleging that firm was infringing on its '704 patent. "Major diagnostic companies such as Bayer, Roche and Third Wave Technologies have taken a license to this key patent in the field of HCV genotyping," Innogenetics said.

But Abbott is "pleased the court acknowledged that Abbott did not willfully infringe Innogetics' patent, and that the court denied Innogenetics' request for additional damages and attorneys' fees," Abbott spokesman Jonathon Hamilton said. The firm "continues to believe Innogentics' patent is invalid and that our product does not infringe, and we intend to appeal."