An Austin-based company has filed suit against a Huntsville, Ala., biotech firm, Diatherix, claiming that the defendant is infringing on its patents for rapid testing of a number of medical conditions. The lawsuit filed by Luminex Corp. of Austin, Texas, alleges that Diatherix has infringed on three of its patents that are connected with Luminex’s patented xMAP technology, which the company says is capable of performing up to at least 500 tests on a single sample. The lawsuit was filed on Nov. 8 in federal court in the Northern District of Alabama. Diatherix and its CEO Frank Grimaud are named as defendants in the lawsuit.
Diatherix is a testing lab company which offers technology capable of identifying multiple infectious agents or infectious diseases at the same time. Last year, an Ohio hospital announced Diatherix had saved it nearly $4 million using a Diatherix tool to diagnose infectious diseases faster and more accurately than traditional testing. In the complaint, Luminex alleges Diatherix and CEO Grimaud were familiar with the Luminex patents. It was alleged that:
In November 2008, after Mr. Grimaud became Diatherix’s Chief Executive Officer, Diatherix was in discussions with Luminex regarding a license to Luminex’s intellectual property, but Diatherix never took a license, leading Luminex to believe that Diatherix had decided not to use Luminex’s technology. Luminex recently learned that Diatherix did adopt Luminex’s technology but without a license – thus willfully infringing Luminex’s patents for quite some time unbeknownst to Luminex.
Luminex contends that the Huntsville company violated a least one claim in each of its U.S. patents 5,981,180, 6,632,526 and 6,411,904 through testing, selling and other uses of the commercial testing panels. The lawsuit also alleges breach of contract and seeks unspecified damages and an order barring the company and its employees from use of the patents.
Source: Huntsville Times
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