Judge rules in Marlboro co's favor in TB test patent case
A U.S. Magistrate Judge overseeing a patent infringement lawsuit from Oxford Immunotec Global PLC has released a ruling allowing the lawsuit to proceed for alleged infringement of six patents.
The lawsuit is against Qiagen, Inc., Quest Diagnostics, Inc. and Laboratory Corporation of America Holdings. The judge’s ruling was against those companies' motion to dismiss the lawsuit, according to a release from Oxford Immunotec that has its U.S. office in Marlborough. The ruling allows the lawsuit to proceed.
The suit relates to the company’s tuberculosis test, with the court concluding that the in vitro aspect of the plaintiff’s tuberculosis test is an ‘inventive concept’ because it improves on prior methods of detecting tuberculosis infection, according to Oxford Immunotech.
“We are encouraged by the magistrate judge’s recommendation as it affirms our belief that Qiagen’s TB tests, as well as the laboratories performing those tests, are infringing our patented intellectual property,” Dr. Peter Wrighton-Smith, CEO of Oxford Immunotec, said in a statement.
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