The U.S. Court of Appeals denied Abbott Laboratories' motion for a stay of injunction in favor of Innogenetics regarding the willful infringement of Innogenetics patented hepatitis C virus genotyping technology.
A January 10, 2007 ruling by the U.S. District Court for the Western District of Wisconsin permanently prevented Abbott from any further sales, use, or export of products that infringe on Innogenetics' patent and awarded $7 million in damages. Abbott then filed an emergency motion to stay the injunction pending its appeal. On January 19, the Federal Circuit temporarily stayed the injunction while it considered Abbott's motion.
"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," says Frank Morich, CEO of Innogenetics.