The first leg of Agilent's defense in the mass spec patent infringement suit leveled at it by PerkinElmer fell this month, with the US District Court for the District of Massachusetts denying the company's motion to dismiss the case.

This motion denied, the case will now likely turn on Agilent's claims that the patents PerkinElmer charges it has infringed upon are indistinguishable from other, expired patents, and therefore are not entitled to protection.

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