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Caliper Files Patent Infringement Suit Against Carestream

By a GenomeWeb staff reporter

NEW YORK (GenomeWeb News) – Caliper Life Sciences has filed a lawsuit against Carestream Health alleging infringement of a series of in vivo imaging patents owned by Stanford University and exclusively licensed to Caliper subsidiary Xenogen.

In the suit, which was filed yesterday in the US District Court for the Eastern District of Texas, Caliper alleges that Carestream's series of Kodak in vivo molecular imaging systems infringe seven US patents that detail methods for non-invasive in vivo imaging of fluorescence and bioluminescence in animals. The patents include US Nos. 5,650,135; 7, 198,774; 6,649,143; 6,939,533; 6,923,951; 6,890,515; and 6,908,605.

Those patents cover Caliper's IVIS molecular imaging systems, which are used to identify disease pathways, determine mechanism of action, evaluate drug compounds, and monitor a compound's effects on disease progression in live animals.

The products named in the suit that are sold by Carestream originated at Eastman Kodak. Caliper claims that prior to Caliper's acquisition of Xenogen in 2006 and Eastman Kodak's sale of the products to Carestream, Xenogen had already informed Eastman Kodak that the systems were infringing at least four of the patents.

Caliper said that it sent a letter to Carestream in August 2009 again notifying the firm that through the sale of its systems it was inducing infringement of Caliper's patents. It further notes in the suit that the firms have since engaged in discussions, but "carestream continued to avoid acknowledging the wrongful nature of its sales and marketing activities for the Carestream [d]evices."

Caliper is seeking a finding by the court of willful infringement by Carestream of the seven patents, a trebling of damages due that alleged willful infringement, a permanent injunction against Carestream, and attorneys' fees

Stanford University is listed as a co-plaintiff in the action.

Last month Caliper filed an IP infringement suit against Shimadzu claiming that the Japanese firm's microfluidic system infringes 11 patents held by the firm.

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