NEW YORK, May 21 - Genomic Solutions, a subsidiary of Harvard Bioscience, has settled a lawsuit brought in December by Oxford Gene Technology and, in a statement issued today, said it is evaluating whether to appeal a $1.45 million judgment against it in a breach of contract suit brought by Affymetrix in a Michigan court.
Regardless, the company has exited the business of selling pre-printed microarrays.
Genomic Solutions was one of six defendants named in a patent infringement lawsuit brought in US District Court in Delaware in December by Oxford Gene Technology IP, the licensing firm of microarray pioneer Edwin Southern, which filed against numerous array companies. The defendants included Genomic Solutions, Mergen, BD Biosciences Clontech, PerkinElmer, Axon, and Biodiscovery.
Harvard BioSciences said today that the lawsuit would be dismissed. As part of a settlement, reached on May 12, Genomic Solutions will display "certain notices" in connection with the marketing of certain genomic-related products and will pay a "nominal amount" to Oxford Gene Technology.
"This dispute arose in part because Oxford Gene Technology believed that Genomic Solutions was still selling pre-printed microarrays," Harvard Bioscience said; "the product line was eliminated, as planned, in 2002."
Moreover, the company said that the decision to exit this line of business was made before Harvard Bioscience acquired Genomic Solutions, and the $1.45 million in damages for license and other fees it will have to pay in the Affymetrix ruling was reserved at the time of the acquisition.
That suit, a counter-claim, was decided on April 30 and the original suit brought by Genomic Solutions against Affymetrix, and heard in the State of Michigan Circuit Court for the County of Washtenaw, was dismissed.