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Diazyme Laboratories Is Granted Second Summary Judgment of Noninfringement Regarding Homocysteine Assay Patents
| Source: General Atomics
SAN DIEGO, CA -- (MARKET WIRE) -- April 11, 2007 -- The United States District Court for the
Northern District of California again ruled today that Diazyme
Laboratories' enzymatic homocysteine assay does not infringe two U.S.
patents held by Axis-Shield, ASA, a Norwegian company. After a previous
ruling in favor of Diazyme on July 19, 2006, Axis-Shield amended its
infringement contentions. Today's ruling states that even under the new
contentions, Diazyme's enzymatic assay does not infringe either patent. The
ruling was reached after extensive discovery and briefing, and a full
hearing on the contentions and the technology. Copies of both of the
Court's summary judgment orders can be downloaded at
www.diazyme.com/order.pdf.
Diazyme Laboratories, a life sciences division of General Atomics, filed
this case for declaratory relief against Axis-Shield in October 2005.
Diazyme challenged Axis-Shield's patents in order to protect its enzymatic
homocysteine assay, which can be used on most automated chemistry
analyzers. Additionally, on August 29, 2006, the United States Patent and
Trademark Office issued General Atomics patent number 7,097,968 on this
technology.