Biacore, AB v. Thermo Bioanalysis Corp., 79 F. Supp. 2d 422 (D. Del. 1999), aff’d, 2002 U.S. App. Lexis 13957 (Fed. Cir. Mar. 15, 2002)

Filed suit on behalf of plaintiff for willful infringement of U.S. patent 5,436,161. Biacore (formerly known as Pharmacia Biosensor) is a Swedish scientific instrument manufacturer whose principal business is directed to state of the art SPR-based biosensors. The patent-in-suit is directed to certain biocompatible matrices suitable for use in biosensor systems. The Court found the patent was valid and infringed, holding that Biacore was entitled a permanent injunction a royalty of 40% based on sales of the infringing biosensors. Oral Argument was conducted on March 6, 2002, which was followed by the Court’s March 15, 2002, per curiam decision affirming the District Court’s decisions.