Advanced Cell Diagnostics Inc v Molecular Instruments Inc Judgment

Mr Justice Meade has given judgment in the patent case of Advanced Cell Diagnostics Inc v Molecular Instruments Inc [2024] EWHC 898 (Pat) which concerns fluorescent in situ hybridisation assays, a field of technology which can be used to detect and localise specific nucleic acid sequences.

The patents were held to be invalid, and the method but not the kit claim would have been infringed. The judgment addresses the usual grounds of invalidity including to consider the circumstances in which documents can be mosaicked for an anticipation attack. The judgment considers data from experiments conducted in the ordinary course of business, including their relevance to an allegation of infringement by equivalence.

Stuart Baran appeared for Advanced Cell Diagnostics. Tom Hinchliffe KC and Thomas Lunt represented Molecular Instruments.

 

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