Federal Circuit Affirms Ruling That Diazyme's Homocysteine Assay Does Not Infringe Axis-Shield's Patents

SAN DIEGO, CA--(Marketwire - May 12, 2008) - The United States Court of Appeals for the Federal Circuit issued a ruling today unanimously holding that Diazyme Laboratories' enzymatic homocysteine assay does not infringe two U.S. patents held by Axis-Shield, ASA, a Norwegian company. The three-judge panel affirmed two previous rulings by the U.S. District Court for the Northern District of California in favor of Diazyme on July 19, 2006 and April 11, 2007. The Federal Circuit concluded that the District Court correctly construed the disputed claim language, properly applied the claim construction, and appropriately granted summary judgment of noninfringement in favor of Diazyme. The Federal Circuit also found that all of the remaining arguments Axis-Shield had raised in its appeal were "unpersuasive." Copies of the Federal Circuit's opinion and the District Court's previous summary judgment orders can be downloaded here.

Diazyme Laboratories filed this case for declaratory relief against Axis-Shield in October 2005. Diazyme sought a ruling that its enzymatic homocysteine assay, which runs on most automated chemistry analyzers, does not infringe Axis-Shield's patents. Additionally, in 2006, the United States Patent and Trademark Office issued Diazyme patent number 7,097,968 on its technology. Diazyme is represented by Morrison & Foerster in San Diego, which handled the case in the District Court and the Federal Circuit.

For Further Information Contact:

Diazyme Laboratories:
Steve O'Hara

Public Relations:
Doug Fouquet
(858) 455-2173