NEW YORK – A federal court has dismissed an appeal by Fluidigm in an ongoing patent infringement lawsuit with IonPath.
On Wednesday, the US District Court for the Northern District of California granted a joint motion by Fluidigm and IonPath to dismiss Fluidigm's appeal, which was originally filed in March 2021 after the same court had ruled against Fluidigm the previous month, deciding that IonPath's MIBIscope platform does not infringe on certain Fluidigm patents.
Fluidigm sued IonPath in September 2019, alleging that the company had infringed two patents covering its mass cytometry technology and had interfered in its contractual relations.
In January 2020, the court dismissed Fluidigm's interference claims but left open the infringement claims. At the time, the parties also agreed to dismiss patent infringement claims regarding the technology used to create the metal-conjugated antibodies that both companies' systems use to tag proteins for analysis, leaving only the instrument platform as the subject of the lawsuit, and leading to the February 2021 verdict.
A spokesperson for IonPath declined to comment on this week's dismissal. Fluidigm also declined comment.