US court reinstates injunction against Abbott vs Innogenetics

Belgium's Innogenetics says that the US Court of Appeals for the Federal Circuit has denied health care major Abbott Laboratories' motion for a stay of injunction pending appeal, relating to patent infringement of the former's method of genotyping the hepatitis C virus.

Following a January 10 ruling by the US District Court for the Western District of Wisconsin which permanently enjoined Abbott from any further sales, use or export of products, including components, that infringe on Innogenetics' US Patent No 5,846,704, Abbott filed an emergency motion to stay the injunction pending its appeal. On January 19, the Federal Circuit temporarily stayed the injunction while it considered Abbott's motion. This latest ruling lifted that temporary stay, ordering that the injunction be reinstated to full force and effect.