Chiron, Murex news
The British High Court upheld its October 1993 decision that CHIR's U.K. Patent No. 2,212,511, covering hepatitis C tests, is infringed by anti-HCV immunoassays sold by MXX and Organon Teknika Ltd. The court ordered that damages be assessed against MXX (Norcross, Ga.) and Organon in an amount to be determined. The court scheduled a November hearing to decide a request by CHIR and partner Ortho Diagnostic Systems for an injunction against further infringement.
In October 1993, the court found the majority of claims in the '511 patent valid and infringed by the sales by MXX and Organon. The court, however, denied CHIR damages and an injuction in the earlier litigation because it found that certain licensing agreements between CHIR and Ortho violated Section 44 of the U.K Patents Act, which relates to supply agreements. The Emeryville, Calif., company and Ortho subsequently amended their agreements, and CHIR amended the '511 patent to delete claims found to be invalid under U.K. law. ...