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Intellectual Property
Patent Infringement
Fraud

BioGennex Laboratories v. BioTek Solutions

Published: Nov. 8, 1997 | Result Date: May 9, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 9620151 –  $404,000

Judge

Edward A. Infante

Court

USDC Northern


Attorneys

Plaintiff

Cathy A. Bencivengo
(Southern District Court of California)

John Allcock
(DLA Piper LLP )


Defendant

Michael K. Plimack
(Covington & Burling LLP)

Jonathan E. Singer

Julie Y. Mar-Spinola


Experts

Plaintiff

Robert H. Wallace
(technical)

Peter H. Carroll
(technical)

Defendant

Giorgio Cattoretti
(medical)

Vincent O'Brien
(technical)

Facts

Plaintiff BioGenex Laboratories, a manufacturer of diagnostic medical equipment and supplies, claimed defendant BioTek Solutions, a competitor, infringed plaintiff's patent, U.S. patent No. 5,244,787. The defendant claimed that the plaintiff did not own all rights to the patent, that the plaintiff was equitably estopped from enforcing the patent against the defendant, and that the patent was invalid.

Settlement Discussions

The defendant made a settlement offer for $300,000 pursuant to Federal Rules of Civil Procedure 68.

Damages

The plaintiff claimed $600,000 as reasonable royalties.

Other Information

The verdict was reached approximately two years and two months after the case was filed. Plaintiff's post-trial motion for attorney fees pursuant to 35 U.S.C. º284 was denied. Per defendant, the judge called the invalidity case "a very close call."

Deliberation

five hours (liability), 2+ hours (damages)

Poll

8-0

Length

12 days


#79876

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