Patent Infringement

Addressing Intellectual Property Issues

Through Microscopy: A Case Study

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THE PROBLEM: A small pharmaceutical company had developed and marketed an AIDS test kit that contained patented technology. Their product was quickly followed by a similar product from a major international pharmaceutical conglomerate. Suspecting patent infringement, the small pharmaceutical company’s legal counsel enlisted the assistance of MVA Scientific Consultants.

The patent turned on the distribution of microscopic polymer beads in a fiber filter matrix. If the competitor’s beads were distributed throughout the filter, then they were in violation of our client’s patent.

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Analytical testing by electron microscopy of pharmaceutical product for possible patent infringement

THE ANALYSIS: MVA Scientific Consultants developed a unique method to prepare sections of the filter for microscopic examination.

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THE IMAGE: The image to the right shows the distribution of the polymer beads in relation to the filter matrix.

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THE OUTCOME: The examinations proved that the polymer beads were distributed throughout the filters of both the client’s and competitor’s product. The competitor’s product was therefore in clear violation of our client’s patent.