Corning and Artificial Sensing Instruments of Zurich, Switzerland have filed a patent infringement action against SRU Biosystems of Woburn, MA in the federal district court for the District of Delaware.
The lawsuit involves US Patent No. 4,815,843, which relates to gratings-based optical biosensors and associated methods for detecting chemical, biochemical, and biological substances in a sample.
One notable use for such biosensors is in multi-well assay plates employed for testing biochemical compounds in the pharmaceutical and biomedical industries. Corning is the exclusive licensee of ASI’s patent rights on gratings-based optical biosensors used for ‘label-free’ detection (and for similar biosensors using fluorescent markers). The lawsuit names SRU Biosystems, LLC, SRU Biosystems Holdings, LLC, and SRU Biosystems, Inc. as defendants.
‘Micro-well plates and other products for label-independent detection potentially represent a growth opportunity for Corning. To reinforce this effort, Corning exclusively licensed ASI’s portfolio of patents relating to gratings-based biosensors. Corning and ASI view this legal action involving SRU Biosystems as an important step towards protecting our long-term investment in this field,’ said R. Pierce Baker, senior vice president, Corning Life Sciences.
SRU Biosystems says that it sees no merit to the lawsuit.
It says that it after carefully reviewing the claims of the patent, it has advised Corning that SRU’s technology does not infringe it. It says that its technology uses a completely different optical phenomenon from that disclosed in the patent and overcomes fundamental limitations in the ASI technology.
Furthermore, SRU believes the suit is being filed as an attempt to interfere with SRU’s business because it did not grant Corning access to its technology.