A Medical Device Daily

Health Discovery (Savannah, Georgia) reported that its patent infringement action against Ciphergen Biosystems (Freemont, California) has been settled.

Ciphergen will pay $600,000 to Health Discovery and receive a non-exclusive license to use its support vector machines in applications for Ciphergen's SELDI-based technologies. Ciphergen also dropped all counter-claims against Health Discovery.

"This settlement is an excellent resolution for our company and shareholders," said Stephen Barnhill, MD, Health Discovery's CEO and chairman. "It is also the second favorable outcome in both of the patent infringement suits we've filed, adding credence and momentum to our ongoing licensing efforts. HDC remains firmly committed to monetizing our valuable intellectual property through close collaboration and development with our business partners, but we will also continue to protect our patent portfolio through robust enforcement action when necessary."

Health Discovery reported filing a patent infringement action against Ciphergen Biosystems last June (Medical Device Daily, June 28, 2006). The company also filed a lawsuit against Equbits (Livermore, California) at the same time, charging that Ciphergen and Equbits had infringed three of its U.S. patents, covering various aspects of its Support Vector Machine (SVM) technology.

Health Discovery says it is uniquely positioned in the field of pattern recognition technology. Through the application of its patent protected technology, it is a biology-oriented biomarker discovery company providing all aspects of First-Phase Biomarker Discovery sm.

In other patent-related legalities: Applied Nanoscience (Hauppauge, New York) reported that it had entered into an agreement to settle the lawsuit that was filed in the U.S. District Court, District of Kansas, on July 27, 2006 by NanoScale (Manhattan, Kansas). The terms of that settlement agreement were not disclosed.