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CytoLogix v. Ventana

This article was originally published in The Gray Sheet

Executive Summary

Damages of $25 mil.-$30 mil. are owed to CytoLogix after a Boston federal court patent infringement ruling permanently enjoins U.S. sales of Ventana Benchmark and Discovery slide staining systems, CytoLogix says May 20. The ruling follows a December jury finding (1"The Gray Sheet" Jan. 5, 2004, In Brief)...

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CytoLogix v. Ventana

Royalties of about $7 mil. payable to CytoLogix suggested by Ventana following Boston federal court jury's finding of patent infringement, although the firm "cannot reasonably estimate the final level of damages at the present time," Ventana says Dec. 23. CytoLogix' '061 and '693 patents were found to be infringed by Ventana's BenchMark and Discovery slide staining systems with independent heating on a moving platform. Ventana plans to appeal, despite the jury's conclusion that infringement was not willful, and that the firm is not liable for trade secret misappropriation, as CytoLogix charged in 2002 (1"The Gray Sheet" April 29, 2002, p. 22). Ventana plans to accelerate introduction of a non-infringing, multi-model, next-generation BenchMark XT platform in Q1...

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