Federal Circuit Rules In Scantibodies’ Favor

Law360, New York (September 21, 2006, 12:00 AM EDT) -- In the latest round of a back-and-forth battle between two diagnostic test companies, a federal appeals court panel ruled Wednesday that Scantibodies Clinical Laboratory Inc. did not infringe Nichols Institute Diagnostics Inc.’s patent on immunoassay tests.

By overturning the lower court’s decision, the U.S. Court of Appeals for the Federal Circuit gave one more setback to Nichols, which discontinued its product sales and operations this spring.

“Nichols’ argument that the abstract does not anticipate because the significance of the claimed antibody was not known until after...
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