Court Ruling Upholds Corning Patent
09 Março 2006 - 6:30PM
Business Wire
Corning Incorporated (NYSE:GLW) announced today that the United
States District Court for the District of Delaware has issued a
ruling in its favor. The Court's ruling declared fully enforceable
a patent exclusively licensed to Corning for optical biosensors
that enable label-independent detection of chemical, biochemical
and biological substances in a sample. The Court further concluded
that Corning is entitled to a permanent injunction against SRU
Biosystems of Woburn, MA, which infringed on the patent and induced
a customer to infringe the patent through its testing activities.
Corning had licensed the patent, U.S. Patent 4,815,843, from
Artificial Sensing Instruments, ASI AG of Zurich, Switzerland,
(ASI). Corning, in conjunction with ASI, filed the lawsuit in July
2003 to terminate SRU's infringement. In November of 2005, the
Court issued a ruling in Corning's favor that the patent was indeed
valid and that SRU had literally infringed and induced a customer
to infringe the patent by undertaking testing activities. Today's
decision on the enforcability of the patent and Corning's
entitlement to injunctive relief effectively ends SRU's last
remaining defense pending before the Court. The Court has directed
Corning to submit a proposed Order to implement both injunctive
relief and final judgment. A permanent injunction requires the
infringer to cease all activities involving the manufacture, use,
sale and promotion of infringing products. "The Court's latest
decision holding that our patent is enforceable further underscores
the strength and validity of Corning's patent portfolio in this
exciting new technology area," said Dr. Jeffrey L. Mooney,
commercial technology director, Corning Life Sciences. "While this
decision certainly represents a meaningful victory, Corning Life
Sciences continues to dedicate significant resources in developing
new, state-of-the-art capabilities in the field of
label-independent detection, and is committed to bringing key
products utilizing this technology to the pharmaceutical and
biomedical industries to provide them with revolutionary new tools
to faciliate their development work. Corning has identified this
platform as a key growth opportunity because of the unique
opportunities and value that it will provide our customers. We
continue to build our product portfolio and intellectual property
position in this area, and will remain diligent in protecting our
significant long-term investment." Beta testing evaluations of
Corning's Epic(TM) system, a high throughput label-independent
detection platform, are currently being conducted at select
pharmaceutical, biotechnology and academic institutions. Corning
has also opened an on-site testing and evaluation center at its
Corning, N.Y., facilities to potential customers that desire a
hands-on evaluation of the Epic system prior to purchase. Full
commercial launch of Corning's Epic system is expected to be
initiated in the fourth quarter of 2006. About Corning Incorporated
Corning Incorporated (www.corning.com) is a diversified technology
company that concentrates its efforts on high-impact growth
opportunities. Corning combines its expertise in specialty glass,
ceramic materials, polymers and the manipulation of the properties
of light, with strong process and manufacturing capabilities to
develop, engineer and commercialize significant innovative products
for the telecommunications, flat panel display, environmental,
semiconductor, and life sciences industries.
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