NEW YORK, Sept. 30 (GenomeWeb News) - A US district court has permanently barred Stratagene from selling its FullVelocity QPCR and QRT-PCR products, which the court said infringe two patents held by Third Wave Technologies, Third Wave said yesterday.
The injunction, issued by the US District Court for the Western District of Wisconsin, prohibits Stratagene from manufacturing, selling, and offering these or any other products that violate Third Wave's US patents Nos. 6,090,543 and 6,348,314. Stratagene must also notify its customers and collaborators about the infringement.
Earlier this month, a jury found that Stratagene willfully infringed Third Wave's patents and awarded Third Wave $5.29 million in damages. Third Wave, which filed the suit last September, said it is seeking additional damages and expects a decision by the court by the end of the year.
Stratagene said today in a response that it intends to file an appeal in the Court of Appeals for the Federal Circuit in Washington, DC, "as soon as practicable." The company will seek to have the injunction lifted and the damages reduced or eliminated.
On May 6, Stratagene countersued Third Wave in the US District Court for the District of Delaware, which is still pending, claiming that Third Wave infringes its Full Velocity technology. Stratagene seeks monetary damages and a permanent injunction to prevent Third Wave from selling its Invader Plus products.
Stratagene reiterated today that its infringing Full Velocity products have contributed less than $400,000 in revenues since they were made available last year, and that other embodiments of the FullVelocity technology do not infringe Third Wave's patents.