SAN CLEMENTE, Calif., Sept. 8 /PRNewswire-FirstCall/ -- Nichols Institute
Diagnostics, Inc. (NID), a manufacturer of specialty diagnostic test kits and
systems, announced that the U.S. District Court for the Southern District of
California reversed part of a jury verdict and ruled decisively in favor of
NID in its patent infringement case against Scantibodies Clinical Laboratory,
Inc. and Scantibodies Laboratory, Inc.
NID has an exclusive license to a patent for an assay for measuring
bio-active parathyroid hormone (PTH). NID sued Scantibodies, claiming that
Scantibodies infringed the patent. Following a trial during May and June,
2005, a jury found that Scantibodies' assay infringes NID's patent, but also
found that certain claims of the patent were not valid. NID asked the court to
set aside portions of the jury's verdict that were unfavorable to NID.
In a decision by U.S. District Judge Rudi M. Brewster, entered on August
30, the court found that portions of the jury's verdict were not supported by
substantial evidence, and overturned the jury verdict against NID, ruling
instead that NID's patent is valid. In addition, the court let stand the
jury's determination that Scantibodies' PTH assays infringe the patent.
NID manufactures and markets immunoassay systems utilizing advanced direct
label chemiluminescence and immunoradiometric technology for the clinical
laboratory. Multiple instrumentation options are available to the meet both
large and small throughput needs. NID has offices in the US, Germany and
France and our immunodiagnostic kits are routinely used in more than 35
countries around the world. NID is a wholly owned subsidiary of Quest
Diagnostics Incorporated (NYSE: DGX), the nation's leading provider of
diagnostic testing, information and services.
SOURCE Quest Diagnostics Incorporated
CONTACT:
Investors - Laure Park, +1-201-393-5030,
or Media - Gary
Samuels, +1-201-393-5700,
both of Quest Diagnostics