Summary
Becton Dickinson and Company (BDX) filed an 8-K on October 4, 2012, to report on a pre-trial summary judgment decision in a patent infringement lawsuit filed by Gen-Probe Incorporated. The District Court for the Southern District of California ruled that some, but not all, of Gen-Probe's asserted patent claims are infringed by BDX. This ruling reduces the number of patent claims to be contested at the upcoming trial from six to four. Importantly, significant defense issues related to patent invalidity, inequitable conduct, and standing remain to be adjudicated. BDX maintains its belief in the merit of its defenses and continues to contest the litigation.
Key Highlights
- 1BDX is involved in patent litigation with Gen-Probe Incorporated.
- 2A court decision on September 28, 2012, addressed pre-trial summary judgment motions.
- 3The court found some, but not all, of Gen-Probe's asserted patent claims to be infringed.
- 4The number of patent claims to be contested at trial has been reduced from six to four.
- 5Key defense issues, including patent invalidity, inequitable conduct, and standing, are still to be decided.
- 6BDX continues to believe it has valid defenses and is contesting the lawsuit.