Oxford Immunotec (OXFD) Receives Favorable Recommendation in Tuberculosis Test Patent Spat
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Oxford Immunotec Global PLC (Nasdaq: OXFD) announced that the U.S. Magistrate Judge in the Company’s patent infringement lawsuit against Qiagen, Inc., Quest Diagnostics, Inc. and Laboratory Corporation of America Holdings has issued a recommendation denying in substantial part the defendants’ motion to dismiss the Company’s claims. In issuing his recommendation, the magistrate judge stated, “At this early juncture, the Court concludes that the in vitro aspect of the plaintiff’s tuberculosis test is an ‘inventive concept’ because it improves on prior methods of detecting tuberculosis infection.” The magistrate judge’s recommendation should now allow the Company to press forward with its case against the three defendants, asserting infringement of its six patents relating to methods for diagnosing TB infection.
“We are encouraged by the magistrate judge’s recommendation as it affirms our belief that Qiagen’s TB tests, as well as the laboratories performing those tests, are infringing our patented intellectual property,” said Dr. Peter Wrighton-Smith, Chief Executive Officer of Oxford Immunotec. “We look forward to vigorously prosecuting our claims based upon our six patents through the next phases of discovery and trial.”
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