A federal judge rules that elements of Becton, Dickinson's Viper XTR and BDMax venereal disease diagnostics infringe a trio of patents owned by Gen-Probe, which Hologic bought for nearly $4 billion earlier this year.
Hologic  (NSDQ:HOLX ) logged a legal victory in the patent infringement lawsuit against Becton Dickinson & Co.  (NYSE:BDX ) it inherited when it bought Gen-Probe for $3.7 billion earlier this year.
Gen-Probe sued BD in 2009, alleging that BD's Viper XTR and BDMax diagnostics infringe a clutch of its patents covering automated nucleic acid testing.
Last week Judge Roger Benitez of the U.S. District Court for Southern California ruled that the use of BD's ProbeTec Qx CT/GC assays for detecting chlamydia and gonorrhea on the BD Viper XTR violates 3 of the patents. Benitez also ruled that the use of BD's GBS assays on BD's Max System infringes the patent trio, but that BD does not infringe 2 other patents.