US firm claims Vision Bio infringed patents

A legal battle has erupted over Vision BioSystems' new cancer detection instruments, with US company Ventana Medical Systems filing claims alleging patent infringement in a US court last week.

Vision BioSystems, a subsidiary of Melbourne-based Vision Systems, is planning to vigorously defend the suit, according to an announcement made to the Australian Stock Exchange. According to a company spokeswoman, Vision is not making any further comment at this point in time.

At the heart of the row is Vision Bio's new Bond instrument platform, designed to automate immunohistochemistry and in situ hybridisation staining, particularly of cancer biopsies. The system, due to be launched in Australia and the UK in April and in the US market later on this year, is key to Vision Bio's plans to shift from producing instruments branded by other companies to establishing their own brand in the pathology sector.

According to the company's release, laboratory trials with development partners have been going well and pre-orders for the system have already been received.

Ventana is a big player in diagnostic pathology, and developed the first instrument-reagent system for automated immunohistochemistry staining.

Ventana claims that Vision Bio's Bond System has infringed two patents, US Patent No 6,352,861 ('Automated Biological Reaction Apparatus') and US Patent No 5,355,439 ('Method and Apparatus for Automated Tissue Assay'), and is seeking an injunction from the Federal court in Tucson, Arizona, to prevent the systems from being sold in the US.

But Vision believes that Ventana has no factual basis for their allegations, as Vision has not disclosed any details of the design and operation of the Bond System to Ventana. The company has filed its own complaint in a different US Federal court, seeking judgement that they are not infringing on Ventana's patents.