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MBI/Mallinckrodt ultrasound contrast agent patent suit argues perfluorocarbon technology is not patentable.

Executive Summary

PERFLUOROCARBON TECHNOLOGY IS NOT PATENTABLE, MBI/MALLINCKRODT ASSERT in a lawsuit filed in Washington, D.C. federal court July 31. The suit seeks to invalidate patents covering ultrasound contrast agents using perfluorocarbon gases held by Sonus, Nycomed, ImaRx/DuPont Merck and Bracco. Molecular Biosystems and marketing partner Mallinckrodt seek a declaratory judgment that the defendants' patents "are each invalid and unenforceable, and that the manufacture, use and sale of Optison [FS069] will not infringe any of said patents to the extent the patents are valid and enforceable."

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