A federal judge has ruled companies alleged to have developed tuberculosis tests patented by a U.K.-based company with U.S. headquarters in Marlborough can sell the products before trial in January.
In a ruling filed Sept. 26, a federal judge denied a preliminary injunction of Marlborough-based Oxford Immunotec to prevent a company’s sale of a product it believes is patented by the company.
The judge did, however, note the company would likely succeed at trial, which is scheduled for Jan. 16.
Oxford Immunotec in 2015 filed suit against several companies, including Qiagen, Quest Diagnostics and Laboratory Corp. of America Holdings alleging infringement of tests it developed to diagnose tuberculosis in vitro.
The company filed a preliminary injunction seeking to prevent Qiagen from promoting a tuberculosis test before trial, but a judge found that Oxford Immunotec would not be irreparably harmed and denied the motion.
