Thermo Fisher sues DeNovix for patent infringement

Thermo Fisher Scientific sued US-based instrumentation company DeNovix yesterday for allegedly infringing two patents covering Thermo Fisher’s NanoDrop micro-volume spectrophotometers.

The spectrophotometers allow users to measure the concentration and purity of DNA, RNA and proteins in extremely small samples.

The case, which was filed in the US District Court for the District of Massachusetts, arose after DeNovix sold its own products, the DeNovix DS-11 family of spectrophotometers, which allegedly infringe the two patents involved, US numbers 6,628,382 and 6,809,826.

According to the complaint, even though the patents’ inventor is Charles Robertson, he currently serves on the scientific advisory board of DeNovix. The complaint does not further explain the relationship.

Thermo Fisher said in the complaint: “Thermo Fisher has been irreparably harmed by these acts of infringement and will continue to be harmed unless DeNovix’s further acts of infringement are restrained and enjoined by order of this court.”

In the complaint, Thermo Fisher has asked the court for a judgment that the ‘382 and ‘826 patents are valid and that they were infringed by DeNovix.

It has also asked the court to grant a preliminary injunction stopping DeNovix from further selling and importing its DeNovix DS-11 spectrophotometers, as well as award it damages.

Thermo Fisher has also demanded a jury trial.