Vysis hit by US ruling on blood screening patent; will appeal

Vysis of the USA, which makes diagnostic kits for genetic diseases, hassuffered a setback after the US District Court in the Southern District of California ruled that Gen-Probe is not infringing its patents on certain blood-screening products utilizing nucleic acid diagnostic methods based on target capture and amplification. Gen-Probe had filed suit against Vysis, claiming that one of the latter's patents for nucleic acid diagnostic methods was invalid and unenforceable.

In its suit, Gen-Probe, which licenses technology from Vysis on a non-exclusive basis, claimed that its nucleic acid-testing kits do not use Vysis' Collins technology, covered by US patent No 5,750,338. Vysis has said it will appeal the decision and added that it has reapplied for a patent on the technology. Should it lose this app-eal, Vysis would suffer a reduction in royalty income from Gen-Probe and other licensees, although it claims that this loss would be "immaterial."