GE Healthcare accused of microscope patent infringement

GE Healthcare accused of microscope patent infringement
October 30, 2013
Life Sciences Intellectual Property Review

William C. Baton, a partner in the Life Sciences and Intellectual Property and Technology practices, was quoted in this article discussing the lawsuit against global healthcare company GE Healthcare for allegedly infringing on Super Resolution Technologies’ (SRT) patented microscope technology. The patent, called “Fluorescent Nanoscopy Method,” was issued in February 2012, and enables an analysis of an object dyed with fluorescent coloring through a microscope.

According to SRT, GE “sells, offers to sell, and uses” its own OMX super-resolution microscope system, which “directly infringes” at least one claim of SRT’s patent. SRT says it “owns all rights, title, and interest in the patent, including all rights to recover damages for infringement.” Bill said, “While GE’s alleged selling of the product and methods would have some impact on the infringement case, it would certainly be significant when determining potential damages.”

In addition, SRT adds that GE’s managing director requested information on the technology and was in correspondence with one of the inventors, to which Bill noted, “It is possible that GE inquired about the plaintiff’s patent because it wanted to confirm that GE did not infringe it, or perhaps GE inquired about the plaintiff’s patent to determine whether it described a unique non-infringing improvement over its own technology, which GE might consider purchasing or licensing from the plaintiff.”