Indianapolis, Indiana – Patent counsel for Polymer Technology Systems, Inc. of Indianapolis, IN, have filed a declaratory judgment lawsuit against Roche Diagnostics Corporation of Indianapolis, IN, seeking a ruling that Roche’s Patent No. 5,366,609, titled Biosensing meter with pluggable memory key, as issued by the U.S. Patent Office, is invalid and not infringed.
The parties have a history as Roche sued Polymer Technology Systems in 2003 over an alleged infringement of the ‘609 patent; that case was dismissed after the parties entered into a license agreement. In subsequent litigation against third-parties, the ‘609 patent was found not infringed, based on court construction of the patent’s claims, and other Roche patents were found unenforceable due to inequitable conduct before the Patent Office. Following receipt of new license-related correspondence from Roche, which the complaint alleges to clearly concern ongoing infringement issues, Polymer Technology brought this action and claims that it sells no products covered by the ‘609 patent, as properly construed, and that the patent is invalid due to inequitable conduct.
Practice Tip: The doctrine of collateral estoppel, also known as issue preclusion, prevents a party from re-litigating the meaning of patent terms which have been construed by a court.Complaint – Polymer v. Roche
Further information about this case is as follows:
Filed: January 15, 2010 as 1:2010cv00061 Updated: September 21, 2010 01:11:21
Presiding Judge:Judge Larry J. McKinney
Referring Judge:Magistrate Judge Tim A. Baker
Cause Of Action: Declaratory Judgement