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Court Bars SRU From Using or Selling Infringed Optical Biosensors Licensed to Corning

NEW YORK, March 10 (GenomeWeb News) - The United States District Court for the District of Delaware has concluded that Corning is entitled to a permanent injunction against SRU Biosystems, which infringed a patent for optical biosensors, Corning said yesterday.


Corninglicensed US Patent 4,815,843, for optical biosensors that enable label-independent detection of chemical, biochemical, and biological substances in a sample. The IP is owned by Artificial Sensing Instruments of Zurich, Switzerland.


In July 2003, Corning, in conjunction with ASI, sued SRU for patent infringement. In November 2005, the US District Court ruled that Corning's patent was valid, and that SRU had infringed it and induced a customer to infringe upon the patent by undertaking testing activities.


Yesterday's ruling was the "next step" in taking action against SRU to stop infringement practices, said Corningspokeswoman Elizabeth Dann. The ruling concluded that the infringement of the patent is enforceable, and that a permanent injunction can be issued against SRU.


A permanent injunction "requires the infringer to cease all activities involving the manufacture, use, sale, and promotion of infringing products," said Corning.

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