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Luminex, Curiox BioSystems Settle Trademark Infringement Lawsuit

This article has been updated from a previous version to accurately state in the headline that the companies settled a trademark infringement lawsuit.

NEW YORK (GenomeWeb) – Luminex said on Tuesday that it has settled a trademark-infringement lawsuit it had filed in Texas Western District Court against Curiox BioSystems.

In its suit, Luminex had alleged that Curiox had "seen the need for Luminex's technologies and has decided to divert sales away from Luminex" by engaging in false or misleading advertising, and had "implemented a wide-ranging scheme to confuse the market as to affiliation with Luminex, as well as trick customers into engrafting Curiox's non-validated parts into the Luminex system."

Under the terms of the settlement, Curiox has been "permanently enjoined and restrained" from stating or implying that the Curiox DA-Bead plate enables equivalent or better sensitivity and reproducibility, or superior or improved detectability than the Luminex system, according to a document filed with the court. The settlement also requires that Curiox refrain from making such statements in its advertising, and that, among other requirements, it should avoid "stating or implying" that the DA-Bead Plate is validated for use with the Luminex system.