A Diagnostics & Imaging Week
Xenogen (Alameda, California), a maker of imaging systems, said has filed its answer to a patent infringement complaint filed by AntiCancer (San Diego). Concurrent with this filling, Xenogen filed counter-claims against AntiCancer claiming that it infringes two Xenogen patents.
On March 7, AntiCancer filed a lawsuit against Xenogen alleging infringement of five AntiCancer patents relating to fluorescence-based imaging. The complaint seeks damages and injunctive relief. Later in March, AntiCancer added another claim alleging that one of Xenogen's imaging patents, U.S. patent No. 5,650,135, is invalid.
In May, Xenogen filed its answer to the amended complaint, denying all of the allegations and asserting various defenses, including its position that AntiCancer's patents including some of the patents cited in its complaint, and patent claims relating to in vivo imaging of fluorescence are invalid.
With the filing its answer to AntiCancer's complaint, Xenogen filed its own counter-claims, alleging that Anti-Cancer infringes two of its U.S. patents relating to in vivo imaging.
The two companies are also involved in litigation that began in 2001. In that lawsuit, AntiCancer alleges the following five causes of action against Xenogen: trade libel, defamation, intentional interference with contract, intentional interference with prospective economic advantage and unfair competition.
In this lawsuit, a trial has been set for September.