Ed Kensik01.03.07
A U.S. appeals court vacated a lower court's finding that a patent held by Tucson, AZ-based Ventana Medical Systems had not been infringed by a rival medical equipment manufacturer, according to the Associated Press.
The Court of Appeals for the Federal Circuit said a federal court in Arizona erred in ruling that BioGenex, a privately held competitor, had not infringed a Ventana patent on automated methods for staining microscope slides.
The three-judge appeals court panel sent the case back to the lower court for further proceedings.
Ventana's chief financial officer, Nick Malden, said the company was "delighted" by the ruling.
"We will continue to aggressively defend our intellectual property position, as we see it as a key differentiator in our competitive position," Malden said.
Ventana filed suit against BioGenex in February 2003, but last year a lower court issued a judgment of non-infringement in favor of BioGenex that is based in San Ramon, CA.
Ventana's systems are designed to automate the preparation and staining of patient tissue or cells mounted on a microscope slide for examination by a pathologist.
The Court of Appeals for the Federal Circuit said a federal court in Arizona erred in ruling that BioGenex, a privately held competitor, had not infringed a Ventana patent on automated methods for staining microscope slides.
The three-judge appeals court panel sent the case back to the lower court for further proceedings.
Ventana's chief financial officer, Nick Malden, said the company was "delighted" by the ruling.
"We will continue to aggressively defend our intellectual property position, as we see it as a key differentiator in our competitive position," Malden said.
Ventana filed suit against BioGenex in February 2003, but last year a lower court issued a judgment of non-infringement in favor of BioGenex that is based in San Ramon, CA.
Ventana's systems are designed to automate the preparation and staining of patient tissue or cells mounted on a microscope slide for examination by a pathologist.