Court affirms $7M damages for Innogenetics from Abbott

Gent, Belgium-based biotechnology firm Innogenetics says that a US District Court judge for the Western District of Wisconsin affirmed a previously-awarded $7.0 million damages verdict against health care major Abbott Laboratories for infringing the company's HCV genotyping patent. In the same ruling, the presiding judge rejected Abbott's requests for a new trial on infringement and validity.

The January 3 order also granted Innogenetics' motion for prejudgment interest on the damage award and set a January 11 evidentiary hearing date to consider the company's request for a permanent injunction against Abbott's sale of infringing products. The judge's opinion vacated the jury's determination that Abbott willfully infringed Innogenetics' patent, and declined to award enhanced damages or attorneys fees.

"By upholding the jury's award of damages, today's ruling sends a message to companies large and small that mistakenly believe they can misappropriate others' innovations without regard for the law," said Frank Morich, chief executive of Innogenetics.