Abbott Laboratories new trial request denied

Abbott Laboratories has had its request for a new trial in a patent infringement case denied, it has been reported. A US District Court judge for the Western District of Wisconsin has upheld a previous decision awarding $7 million (3.6 million pounds) to Innogenetics due to patent infringement.

Innogenetics had previously brought a patent infringement suit against Abbott Laboratories for an infringement of the company’s patent on hepatitis C virus genotyping.

This lawsuit was first brought in September 2005, with a jury deciding in favour of Innogenetics on September 1st 2006, finding Abbott’s actions wilful and ascertaining damages a week later.

Frank Morich, chief executive officer of Innogenetics, said: “By upholding the jury’s award of damages, today’s ruling sends a message to companies large and small that mistakenly believe they can misappropriate others’ innovations without regard for the law.”

The judge also rejected requests from Abbott for a new trial regarding the infringement and validity of the patent and set a January 11th date for a hearing to consider the request from Innogenetics for a permanent injunction on the sale of infringing products by Abbott.

In December 2006, Abbott announced that it would voluntarily delist from the NYSE Arca, with its stock remaining on the NYSE.