Innogenetics announced that the U.S. Court of Appeals for the Federal Circuit has denied a motion by Abbott Laboratories for a stay of injunction after Abbott was prohibited to sell certain products.

Following a Jan. 10 ruling by the U.S. District Court for the Western District of Wisconsin, permanently enjoining Abbott from any further sale, use or export of products, including components, that infringe on Innogenetics' '704 patent, Abbott filed an emergency motion to stay the injunction pending its appeal.

The Federal Circuit Jan. 19 temporarily stayed the injunction while it considered Abbott's motion. The latest ruling lifts that temporary stay, ordering that the injunction be reinstated to full force and effect.

The litigation began in September 2005 when Innogenetics sued Abbott for infringing on its '704 patent, which covers a method of genotyping the hepatitis C virus.