Caliper, a subsidiary of PerkinElmer, accuses Alere of willfully infringing six patents relating to microfluid analytical systems by sale of its epoc® Blood Analysis System. Four of the patents expired this year, and the other two are to expire in April, 2019 and April, 2020. Caliper asserts that it made Alere aware of the patents in February (as to some patents) or September (as to the rest), and that Alere’s infringement is thus willful. Direct and induced infringement are claimed, and damages, enhanced damages and attorneys’ fees are sought. Caliper does not, however, seek injunctive relief, despite two of the patents having more than two and more than three years of life remaining.
