As GenomeWeb News reported this morning, Invitrogen said that a
The ruling that "substantially all" of the chemically competent cell products sold by Stratagene infringe Invitrogen's patent means that the suit will be remanded to the US District Court for the Western District of Texas, which will resolve remaining issues, such as possible damages injunctions, and any of Stratagene's remaining defenses.
"They also will address some of the invalidity defenses Stratagene had raised, and found that, based on the defenses, that our patent was valid," Alan Hammond, chief intellectual-property counsel of Invitrogen, told GenomeWeb News.
"We've asked for damages and injunctions in the district court," said
After that point, the case was sent back to the District Court, which found Invitrogen's '797 patent invalid in January, 2004. The current finding by the Federal Circuit Court of Appeals, triggered by an Invitrogen appeal, holds that Stratagene indeed infringed Invitrogen's '797 patent.
"The appeals court has made a final hearing on [the lawsuit], and unless they try to have some sort of re-hearing, it will go back to the District Court," said