Labrador Diagnostics LLC v. bioMérieux SA et al.
In this case, Labrador Diagnostics LLC (Claimant) initiated an infringement action against bioMérieux SA and its subsidiaries (Defendants) concerning European patent 3 756 767 B1, which relates to an instrument and method for detecting a biological analyte. The patent had been amended in a bifurcated proceeding by the Milan Central Division, maintaining only two claims focusing on an instrument and a method. The case also involves a counterclaim for revocation.
The Local Division found that due to the bifurcated nature of the proceedings, where the decision on validity was handled separately by the Central Division, the focus was no longer on patent validity, but rather on the infringement itself. The court's decision emphasized that they were bound by the amended claims due to prior decisions from the central authorities.
The decision highlighted issues of both direct and indirect infringement regarding specific products offered by the Defendants, including the VIDAS 3 instrument and associated components.