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Inverness v. Pfizer

This article was originally published in The Tan Sheet

Executive Summary

New Jersey district court grants Inverness' motion for preliminary injunction against Pfizer on findings the firm's e.p.t. pregnancy tests, as manufactured by Apogent subsidiary ABI, infringe U.S. Patent No. 6,352,862. Order precludes Pfizer from selling e.p.t. tests until case is settled. According to Inverness, Pfizer has said it is in the process of replacing the ABI version of its e.p.t. tests with an alternative product. However, Inverness alleges the replacement version also infringes the same patent. Court has scheduled a hearing to decide whether sale of Pfizer's new e.p.t. tests also should be preliminarily enjoined; Pfizer likely will appeal the decision...

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Inverness v. Pfizer

Pfizer will seek an expedited appeal, stay of a March 7 preliminary injunction against sale of its e.p.t. home pregnancy test kit. New Jersey district court granted injunction "based on a finding that Pfizer's e.p.t. pregnancy test kits likely infringe two patents owned" by Inverness, the Waltham, Mass.-based firm says. In December, Inverness obtained a preliminary injunction against e.p.t. tests manufactured for Pfizer by Apogent subsidiary API (1"The Tan Sheet" Jan. 6, 2003, In Brief). Pfizer replaced API tests with version manufactured by Mizuho Medy subsidiary Mizuho USA in September; Inverness maintains new tests still infringe its patents, though Pfizer says it "continues to believe there is no patent infringement." Injunction does not affect availability of e.p.t. tests already in stores, Pfizer notes...

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