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news.Innogenetics has challenged a US court's decision to overturn a jury's original finding that Abbott Laboratories had willfully infringed its patented hepatitis C virus genotyping technology.
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In September 2005, Innogenetics sued Abbott alleging the company was infringing its patent which covers a method of genotyping the hepatitis C virus. The jury's decision supported Innogenetics' position.
In a decision issued earlier this month however, the court affirmed the jury's unanimous verdict against Abbott and upheld the $7 million in damages awarded to Innogenetics, but overturned the jury's finding that Abbott's infringement had been willful.
Willful patent infringement carries the possibility of enhanced damages of up to three times the amount of original damages awarded and an award of attorneys' fees.
“We strongly believe in the judicial process that resulted in the jury's unanimous verdict that Abbott willfully infringed our patented genotyping technology and are confident that the appellate court will affirm the jury's determination,” said Frank Morich, CEO of Innogenetics.
Innogenetics' appeal will accompany a similar request from Abbott.