NEW YORK (GenomeWeb News) – Life Technologies has filed a patent infringement suit against MDS and its Molecular Devices business related to dyes used in research assay kits.
In the suit, which was filed last week in the US District Court for the Northern District of California, Life Technologies alleges that MDS Analytical Technologies, which houses the Molecular Devices business, is infringing its patent by selling assay kits that include fluorine-substituted fluorescent dye. Life Technologies specifically named a variety of FLIPR Calcium Assay Kits as infringing products in the suit.
The patent at the center of the suit is US No. 6,162,931, and is entitled, "Fluorinated xanthene derivatives." The patent was issued in December 2000 to Molecular Probes, which was subsequently acquired by Invitrogen — now known as Life Technologies following its merger last year with Applied Biosystems.
Life Technologies claims that MDS and Molecular Devices have willfully infringed the patent and therefore it is entitled to triple damages. Among other requests, it also asked the court to order the defendants to deliver to them all products located within the US that allegedly infringe the patent for destruction at the plaintiff's option.