This update clarifies that a jury, not the court, said Stratagene should pay the damages. The presiding judge must still weigh in.
NEW YORK (GenomeWeb News) — A jury said Stratagene should pay Invitrogen nearly $8 million in damages for infringing its patents, or around four times less than Invitrogen had hoped to win, Stratagene said today.
Specifically, the jury determined that Invitrogen's 4,981,797 patent involving a process for developing competent cell productsis is valid and that Stratagene infringed that patent by making and selling its competent E. coli cell products.
The judge presiding over the case has yet to make a final judgment, and Stratagene may still appeal the verdict.
The jury awarded Invitrogen a 15-percent royalty rate on sales between 1997 and 2004 for a total of $7.8 million in damages, Stratagene said.
The jury also found Stratagene “willfully infringed the patent between the years 1997 and 2001” but determined that “Invitrogen was not entitled to lost profits because Stratagene has had a non-infringing manufacturing process for competent cells," Stratagene said.
The decision comes 10 months after the US Court of Appeals for the Federal Circuit overturned an earlier ruling by the US District Court for the District of Western Texas, which had ruled that Stratagene’s products did not infringe on Invitrogen’s IP. The case was then sent back to US District Court.
Invitrogen had sought $32 million in damages based on a lost profits argument, Stratagene said.