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
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)
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
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