Innogenetics says ruling against Abbott upheld

A court previously ruled that Abbott was prohibited from any further sales, use or export of products, including components that infringe on Innogenetics’ patent on its hepatitis C technology.

The court of appeals has also denied Abbott Laboratories’ motion for a stay of injunction pending appeal.

“Yesterday’s decision marks a positive first step in the appeal process and reinforces our belief that we will prevail in the court of appeals, just as we did at trial,” said Frank Morich, CEO of Innogenetics.

In September 2005, Innogenetics sued Abbott Laboratories alleging that it was infringing the patent which covers a method of genotyping the hepatitis C virus. The court found the patent was infringed as a matter of law. The jury directed Abbott to pay Innogenetics $7 million in damages related to the infringement up to the time of the trial.