Gen-Probe sued BD in 2009, alleging that BD’s Viper XTR and BDMax diagnostics infringe a clutch of its patents covering automated nucleic acid testing.
Last week Judge Roger Benitez of the U.S. District Court for Southern California ruled that the use of BD’s ProbeTec Qx CT/GC assays for detecting chlamydia and gonorrhea on the BD Viper XTR violates 3 of the patents. Benitez also ruled that the use of BD’s GBS assays on BD’s Max System infringes the patent trio, but that BD does not infringe 2 other patents.
The ruling sets the stage for a jury trial slated for Dec. 4, according to a press release.
"We are pleased with the Court’s decision, which we believe places us in a strong position as we prepare for a jury trial on the remaining issues later this calendar year," Hologic chief administrative officer and general counsel Mark Casey said in prepared remarks.
Hologic closed its $82.75-per-share buyout of Gen-Probe in early August, putting it in the top tier of the diagnostics space, outside of its traditional market, women’s health.