Siemens Healthineers logo is seen on an item of clothing in manufacturing plant in Forchheim near Nuremberg, Germany. REUTERS/Michaela Rehle
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- Cellex said Siemens’ rapid tests copy its design
- Siemens expects over 1.3 billion euros from rapid-test sales this year
(Reuters) – North Carolina biotech company Cellex Inc sued Siemens Healthineers AG in Delaware federal court on Friday, alleging Siemens’ COVID-19 rapid self-tests violate a patent covering a Cellex design.
Siemens’ Clinitest-brand tests have “substantially the same” visual design as Cellex’s rapid COVID-19 antibody tests, according to the lawsuit.
A U.S. unit of Germany-based Siemens declined to comment on the claims. Cellex and its attorneys did not immediately respond to a request for comment.
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Cellex received a design patent in December covering its “testing cassette” — its version of the device used in many rapid COVID-19 tests for receiving samples and displaying results. Design patents protect an object’s visual features, while more-common utility patents protect how an invention works and is used.
Cellex’s website said its test was the first COVID-19 antibody test to receive emergency use authorization from the U.S. Food and Drug Administration.
Cellex asked the court for an unspecified amount of money damages and an order permanently blocking Siemens from infringing its patent.
Siemens said in May that it expected to earn over 1.3 billion euros in revenue this year from rapid COVID-19 tests, raising its previous forecast of 700 million euros.
The case is Cellex Inc v. Siemens Medical Solutions USA Inc, U.S. District Court for the District of Delaware, No. 1:22-cv-00998.
For Cellex: Tracy-Gene Durkin and Deirdre Wells of Sterne Kessler Goldstein & Fox; Larry Millstein of Millen White Zelano & Branigan
For Siemens: not available
Read more:
Siemens Healthineers raises 2022 outlook on demand for COVID-19 tests
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Blake Brittain
Thomson Reuters
Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at blake.brittain@thomsonreuters.com
