In the suit, filed with Stanford as a co-plaintiff, Caliper Life Sciences and Xenogen seek a finding of willful infringement by Carestream Health, compensatory damages, a trebling due to willfulness, a permanent injunction and attorneys’ fees against Carestream. This filing is due to the ongoing, unauthorized and willful use of a number of US patents by Carestream, that Caliper, through Xenogen, exclusively licenses from Stanford University.

The seven patents in-suit, which comprise a portion of Caliper’s ‘Optical Imaging Patent Suite’ encompass methods for non-invasive in vivo imaging of fluorescence and bioluminescence in living beings. Researchers licensed under Caliper’s Optical Imaging Patent Suite are enabled by Caliper’s imaging systems and method patents in fields such as identifying disease pathways, determining mechanisms of action, evaluating drug compounds, and monitoring a compound’s effects on disease progression in living beings.

Caliper Life Sciences and Xenogen are represented in this litigation by Washington-based intellectual property specialty law firm Sterne, Kessler, Goldstein and Fox PLLC and Tyler, Wilson, Robertson and Cornelius.