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BioGenex obtains favorable patent ruling against Ventana.


BioGenex Laboratories, Inc. (San Ramon San Ramon (Spanish for "Saint Raymond") may refer to one of the following places:

Argentina
  • San Ramón de la Nueva Orán, a city
Costa Rica
  • San Ramón, Costa Rica, the municipality of San Ramón
, CA) received a favorable ruling in its patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 against Ventana Medical Systems . The ruling, known as a Markman Ruling, limits the scope of Ventana's patent for automated staining.

Judge Raner C. Collins of the United States District Court for the District of Arizona The United States District Court for the District of Arizona is the Federal district court whose jurisdiction is the state of Arizona.

The United States Attorney's Office for the District of Arizona represents the United States in civil and criminal litigation in this court.
 issued the Markman Ruling. The ruling interprets the reagent dispensing claims of Ventana's United States Patent 6,352,861 (the '861 Patent). Ventana had alleged that BioGenex's automated staining instruments infringe the dispensing claims of the '861 Patent . Ventana asserted that any automated staining device that uses bar codes to coordinate reagent dispensing onto samples infringes the '861 claims. BioGenex disagreed, maintaining that its automated staining systems, the OptiMax Plus and i6000 Systems, used in major histopathology his·to·pa·thol·o·gy
n.
The science concerned with the cytologic and histologic structure of abnormal or diseased tissue.


Histopathology
The study of diseased tissues at a minute (microscopic) level.
 labs worldwide, do not infringe because they dispense reagents differently from the dispensing method required by the '861 Patent .

Specifically, BioGenex contended that Ventana's patent claims apply only to competitors using bar coding in conjunction with instruments that dispense reagent directly from the reagent container onto a slide. Direct dispensing requires positioning the reagent dispenser over the sample, and applying the reagent directly from the dispenser onto the sample below it. By contrast, the BioGenex automated staining systems dispense reagent indirectly. BioGenex's automated staining systems dispense reagent by means of an intervening reagent transfer device, a robotic XYZ XYZ  
interj. Informal
Used to indicate to someone that the zipper of his or her pants is open.



[ex(amine) y(our) z(ipper).]
 arm holding a micropipette mi·cro·pi·pette
n.
1. A very small pipette used in microinjection.

2. A pipette used to measure very small volumes of liquids.



micropipette

a pipette for handling small quantities of liquids (up to 1 ml).
. The micropipette aspirates or "sips" reagent from the reagent bottle, then moves over to and above the tissue sample, and applies the reagent to the sample. This indirect dispensing procedure is known as "sip and spit" dispensing. The Trial Court agreed with BioGenex, limiting the meaning of the term "dispensing," as used in Ventana's '861 Patent, to "direct dispensing" and to exclude BioGenex's "sip and spit dispensing" method.

BioGenex and Ventana have agreed that due to this ruling, the Court should now enter Summary Judgment of Non-Infringement in favor of BioGenex.

The ruling in favor of BioGenex enhances the already robust environment for BioGenex's bar coded automated staining systems, not only the OptiMax Plus and i6000 Systems, but also the recently launched Xmatrx Automated Staining System, which is capable of performing almost all slide- based cell and tissue tests.

Krishan L. Kalra, Ph.D., BioGenex C.E.O., said: "We are very excited to bring to closure the '861 Patent dispute with Ventana Medical Systems. The Judge's ruling clearly strengthens BioGenex's position in the in vitro diagnostics In vitro diagnostic (IVD) tests are medical tests conducted in a test tube, or more generally in a controlled environment outside a living organism. In vitro means in glass in Latin.  market. This victory now allows BioGenex to focus on launching our exciting new platform, the Xmatrx System." The Xmatrx is BioGenex's latest instrument product offer that automates the entire slide processing for IHC IHC Immunohistochemistry
IHC Intermountain Health Care
IHC Inner Hair Cells
IHC International Harvester Company
IHC Internet Healthcare Coalition
IHC Indian Head Cent
IHC Interactive Health Communication
IHC International Hurricane Center
, SS, ISH ISH In Situ Hybridization
ISH Isolated Systolic Hypertension
ISH Irish Sport Horse
ISH Intermediate System Hello
ISH International Society of Hypnosis
ISH Information Super Highway
ISH International Superhits (Green Day album) 
 and FISH from microtome microtome /mi·cro·tome/ (mi´krah-tom) an instrument for cutting thin sections for microscopic study.

mi·cro·tome
n.
 to microscope. The Xmatrx System automates more steps and more technologies than any other system currently on the market.

BioGenex, a technology leader in molecular pathology, provides systems for complete automation of cell and tissue testing. BioGenex offers a broad range of reagents, detection kits, antibodies, probes, special stains, tissue microarrays, automated staining and imaging systems to streamline and standardize cellular and molecular diagnostics. The automated systems are designed for high throughput at a low cost of ownership, providing ease of use and maximum flexibility for clinical diagnostics, life science research, and drug discovery.

Ventana develops, manufactures, and markets instrument/reagent systems that automate slide preparation and staining in clinical histology and drug discovery laboratories worldwide. Ventana's clinical systems are important tools used in the diagnosis and treatment of cancer and infectious diseases. Ventana's drug discovery systems are used to accelerate the discovery of new drug targets and evaluate the safety of new drug compounds.

BioGenex Laboratories, Inc.

+1-925-866-2579

www.biogenex.com
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Comment:BioGenex obtains favorable patent ruling against Ventana.
Publication:BIOTECH Patent News
Geographic Code:1USA
Date:Sep 1, 2005
Words:607
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