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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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Pregnancy tests "will be the engine of growth for the company in the next several quarters," Chairman & CEO Ron Zwanziger says during Feb. 20 analysts call. Waltham, Mass.-based firm will introduce a "new-format digital pregnancy test" before the end of 2003, earlier than previously expected. Potential outcomes of pregnancy test patent infringement suit against Pfizer were not factored into Inverness' projections; the firm recently obtained a preliminary injunction against Pfizer's e.p.t. test kits (1"The Tan Sheet" Jan. 6, 2003, In Brief). Inverness expects Q1 2003 net revenues of $63 mil. and annual revenues of $275 mil. Firm saw 2002 net sales leap 339.5% to $207.9 mil., due to its acquisition and integration of the Unipath women's health group, the IVC supplement business and the diagnostic firm Wampole, Inverness says in 2Feb. 20 release. Net income for the year was $1.4 mil., compared to last year's $4 mil. loss...

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