Diazyme Laboratories Is Granted Summary Judgment of Noninfringement Regarding Homocysteine Assay Patents

Diazyme Laboratories Is Granted Summary Judgment of Noninfringement Regarding Homocysteine Assay Patents

SAN DIEGO, CA -- (MARKET WIRE) -- July 21, 2006 -- The United States District Court for the Northern District of California ruled on Wednesday that Diazyme Laboratories' enzymatic homocysteine assay does not infringe two U.S. patents held by Axis-Shield, ASA, a Norwegian company. The Court held that none of the claims of either of the two patents in the case cover Diazyme's assay. The ruling was reached after extensive briefing and a full hearing on the technical nature of the claims.

Diazyme Laboratories, a life sciences division of General Atomics, filed the action for declaratory relief against Axis-Shield in October, 2005. Diazyme challenged patents involving homocysteine assay technology in order to protect its homocysteine enzymatic assay which can be used on most automated chemistry analyzers. Additionally, on February 8, 2006, the United States Patent and Trademark Office issued a Notice of Allowance of General Atomics' patent application on this technology.

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