Lab May Continue Making Chromosome-Testing Kits

     WASHINGTON (CN) – The Federal Circuit refused to enjoin Dako A/S and Dako North American from making and selling kits used to screen chromosomes for genetic disorders, degenerative diseases and other abnormalities.

     The ruling affirms a federal judge’s denial of an injunction requested by the regents of the University of California, Abbott Molecular Inc. and Abbott Laboratories. Plaintiffs claimed Dako’s HER2 FISH pharmDX kits infringe on their patented chromosome-screening methods. The appeals court also partially reversed the lower court’s finding of non-infringement, and remanded the case for further proceedings.

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