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Court issues rulings in MDT patent infringement suit.


MORRISVILLE, N.C.--(BUSINESS WIRE)--Sept. 8, 1995--MDT Corporation (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
: MDTC MDTC Multiple Description Transform Coding
MDTC Meltzer's Driver Training Center (Wappingers Falls, NY)
MDTC Michigan Defense Trial Council
) said that the U.S. District Court in Boston has issued a series of rulings concerning MDT's 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.  lawsuit against AbTox, Inc. MDT MDT
abbr.
Mountain Daylight Time


MDT (in the US and Canada) Mountain Daylight Time

MDT n abbr (US) (= mountain daylight time) →
 sued AbTox in December, 1993, alleging that sterilizers produced and sold by AbTox infringed patents on which MDT has an option. AbTox denied MDT's charges and countersued MDT, alleging that certain uses of a plasma sterilizer sterilizer /ster·i·liz·er/ (ster´i-liz?er) an apparatus for the destruction of microorganisms.

ster·il·iz·er
n.
An apparatus for rendering objects aseptic.
 under development by MDT infringed a patent owned by AbTox and that the MDT patents were unenforceable Adj. 1. unenforceable - not enforceable; not capable of being brought about by compulsion; "an unenforceable law"; "unenforceable reforms"
enforceable - capable of being enforced
 and invalid.

The court ruled that development work done by MDT in pursuit of FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 clearance of its plasma sterilizer cannot form the basis of a patent infringement claim by AbTox, and that AbTox had failed to prove that the MDT patents were unenforceable or invalid. The court also ruled that the AbTox sterilizer is patentably distinct from the MDT sterilizer and thus does not infringe the MDT patents, as construed by the court. MDT disagrees with this latter ruling and will appeal it. MDT will also continue to prosecute its infringement suit against AbTox in Canada.

MDT said also that the 510(k) filing with the FDA intended for late in the second quarter is now expected to occur late in the fourth quarter. The delay is due to recent mechanical difficulties with the prototypes which must be used for the FDA efficacy tests and to MDT's intention to seek FDA clearance for a patented plasma sterilizer which is expected to be suitable for processing a broader range of medical devices than has been approved for any current plasma sterilizer. Such FDA clearance will require more extensive test data than originally anticipated.

MDT Corporation is a leading developer and manufacturer of sterility assurance systems and examining and operatory equipment, including related accessories and consumables, which it sells in the worldwide healthcare and scientific markets. The Company also provides service and distributes parts for its products in those markets through its Service Centers, domestic and foreign.

CONTACT: MDT Corporation, Morrisville

J. Miles Branagan or Thomas Hein, 919/941-9745
COPYRIGHT 1995 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Sep 8, 1995
Words:346
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