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Ventana vs. Vision Systems

This article was originally published in The Gray Sheet

Executive Summary

Ventana Medical Systems escalates its ongoing patent dispute with acquisition target Vision Systems and declines opportunity to increase its $346 mil. purchase offer after the latter firm's receipt of rival $374 mil. bid from Cytyc (1"The Gray Sheet" Sept. 18, 2006, p. 6). Ventana is keeping its options open, however, and could increase its offer later, noting it "reserves its right to take any other action, at any time, that it deems appropriate in connection with its transaction with Vision." The fresh lawsuit, filed Sept. 18 in Massachusetts federal court, alleges that Vision's Bond X and Bond Max automated tissue sample staining instruments infringe Ventana's '537 patent for "scheduling algorithms which enable optimal sequencing of multiple tests." Prior Ventana litigation alleging infringement of the firm's '861 dual bar code patent is ongoing. Cytyc says the new lawsuit will "not impede" its purchase plan...

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