Chiron Corp. has won a court case that justifies the calculated risk it took in planning the global protection of its hepatitis C patent estate.
A British court last week upheld the key portions of the company's HCV patent in a suit brought in 1992 by CHIR and its joint diagnostic business partners, Ortho Diagnostic Systems Inc. and Ortho Diagnostic Systems Ltd., against Organon Teknika Ltd. and Murex Diagnostics Ltd. (MXX) alleging infringement of CHIR's U.K. patent. The suits were based on Organon's importation and sale of HCV tests manufactured by United Biomedical Inc. and similar tests manufactured and sold by MXX.
CHIR chose the U.K. court because it is widely perceived to be the most rigorous venue for testing biotech patents. "A fair question would be why would we sue in the U.K. - it's