Diazyme Laboratories Is Granted Second Summary Judgment of Noninfringement Regarding Homocysteine Assay Patents
SAN DIEGO, CA -- (MARKET WIRE) -- April 11, 2007 -- The United States District Court for the Northern District of California again ruled today that Diazyme Laboratories' enzymatic homocysteine assay does not infringe two U.S. patents held by Axis-Shield, ASA, a Norwegian company. After a previous ruling in favor of Diazyme on July 19, 2006, Axis-Shield amended its infringement contentions. Today's ruling states that even under the new contentions, Diazyme's enzymatic assay does not infringe either patent. The ruling was reached after extensive discovery and briefing, and a full hearing on the contentions and the technology. Copies of both of the Court's summary judgment orders can be downloaded here.
Diazyme Laboratories filed this case for declaratory relief against Axis-Shield in October 2005. Diazyme challenged Axis-Shield's patents in order to protect its enzymatic homocysteine assay, which can be used on most automated chemistry analyzers. Additionally, on August 29, 2006, the United States Patent and Trademark Office issued General Atomics patent number 7,097,968 on this technology.
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