YES!!! Won't be much left for Aclara when CALP is done!
briefing.newsalert.com
Caliper Granted Partial Summary Judgment in Patent Infringement
Case
PR Newswire - October 31, 2000 16:02
MOUNTAIN VIEW, Calif., Oct. 31 /PRNewswire/ -- Caliper Technologies Corp. (Nasdaq: CALP) today
announced that the U.S. District Court for the Northern District of California granted Caliper's motion for
summary judgement that its LabChip(R) products do not literally infringe the claims of U.S. Patent #5,750,015
(the '015 patent) which was asserted by Aclara BioSciences (Nasdaq: ACLA) against Caliper. The Court ruled as a
matter of law that Caliper's LabChip(R) devices do not literally infringe the claims of the '015 patent on two
separate grounds. First, the Court held that the trenches recited in the claims of the '015 patent are different than
the sealed channels in Caliper's LabChip(R) devices. Second, the Court held that Caliper's LabChip(R) devices do
not employ the same electrode placement as required by the claims in the '015 patent.
The Court declined to grant summary judgment on infringement under the doctrine of equivalents. The doctrine of
equivalents is considered when literal infringement is lacking, and can be employed under certain circumstances to
expand the scope of claims to cover devices that are only insubstantially different from the literal meaning of the
claims. Caliper believes that its devices do not meet the rigorous standard for application of this doctrine, but the
Court concluded that this issue presented factual questions that would need to be considered at trial. The Court
also declined to grant summary judgment that the '015 patent is invalid, concluding that Caliper's invalidity
arguments also presented factual issues requiring a trial on the merits. The Court is still considering Caliper's
motion for summary judgment of unenforceability of the '015 patent based on inequitable conduct.
"The Court has, once again, ruled in favor of Caliper in this summary judgement," said Dan Kisner, M.D.,
President and Chief Executive Officer. "In essence, the Court has decided that Caliper's LabChip(R) devices are
different from what is claimed in the '015 patent. We are not surprised that the Court has chosen to leave the
question of doctrine of equivalents for a trial, but we believe that the differences between Caliper's products and
the claims of the '015 patent are quite substantial, and we look forward to establishing these differences at trial.
We are also pleased to have the opportunity to prove that the '015 patent is both invalid and unenforceable. Based
upon our recent experiences, we have great confidence in the legal system to provide an outcome that is favorable
to Caliper."
Caliper Technologies Corp. is a leader in lab-on-a-chip technology. Caliper designs, manufactures, and
commercializes LabChip(R) devices and systems that enable experiments that ordinarily require laboratories full of
equipment and people to be conducted on a chip small enough to fit in the palm of a child's hand. The chip
contains a network of microscopic channels through which fluids and chemicals are moved in order to perform
the experiment. The LabChip(R) systems are designed to streamline and accelerate laboratory experimentation and
have potential applicability in a broad range of industries including pharmaceuticals, agriculture, chemicals and
diagnostics. Caliper has established multiple strategic and commercial alliances and has built a leading intellectual
property estate in microfluidic technology.
Note: This news release contains forward-looking statements relating to Caliper's beliefs regarding the strength of
its position on the issues of invalidity and unenforceability of the '015 patent, and the application of the doctrine of
equivalence. The ultimate outcome at trial is subject to risks and uncertainties, including that a jury will view the
facts differently from Caliper, and that for other reasons litigation is inherently uncertain. These and other risks
related to Caliper are detailed in Caliper's Annual Report on Form 10-K filed with the SEC dated March 24, 2000.
NOTE: LabChip is a registered trademark of Caliper Technologies Corp.
SOURCE Caliper Technologies Corp.
/CONTACT: Jane Green, Senior Director, Corporate Communications of
Caliper Technologies Corp., 650-623-0502, or jane.green@calipertech.com/
/Web site: calipertech.com
(CALP ALCA) |
