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Gen-Probe v. Abbott

This article was originally published in The Gray Sheet

Executive Summary

Gen-Probe's HIV and hepatitis C nucleic acid test for donated blood screening does not infringe Abbott subsidiary Vysis' patent 5,750,338, a jury decides May 22. Abbott says it is reviewing its position but Gen-Probe expects an appeal. In addition to finding the '338 patent invalid, the U.S. Southern District Court of California jury also determines that "Vysis engaged in inequitable conduct in the course of obtaining the patent and...should be charged with unreasonable delay in the patent prosecution," according to Gen-Probe...



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