Skip to content

UK – Advanced Cell Diagnostics v. Molecular Instruments

08 May 2024

Milly Wickson

Bristows

On 23 April 2024, Mr Justice Meade handed down his judgment in the dispute between Advanced Cell Diagnostics (ACD) and Molecular Instruments (MI), [2024] EWHC 898 (Pat)

ACD is the proprietor of two European patents which concern the in situ detection of nucleic acids. EP (UK) 1 910 572 (“EP 572”) and EP (UK) 2 500 439 B1 (“EP 439”) (referred to collectively as “the Patents”) have largely identical specifications but the claims of EP 572 are process claims whereas the claims of EP 439 are to kits and products for nucleic acid detection. MI, a US-based company, manufactures and sells products in the US which are imported into the UK by its customers. ACD alleged infringement of both patents by MI as a joint tortfeasor along with its UK customers and MI counterclaimed for the Patents’ revocation.

The entire summary can be read here.

The judgment can be read here.