In the first lawsuit, filed in February 2010, Caliper, its wholly owned subsidiary, Xenogen, and Stanford University alleged that Carestream’s marketing and sales of its instrument systems induced infringement of seven imaging patents that are exclusively licensed to Xenogen by Stanford University. 

In the second lawsuit, filed in July 2010, Carestream alleged that Caliper’s Lumina XR system infringed a Carestream imaging patent (U.S. Patent No. 7,734,325).

To settle these lawsuits, Carestream and Caliper have agreed (i) to dismiss their respective claims and counterclaims; (ii) that Carestream will not market and sell in-vivo optical imaging systems for certain applications covered by patents licensed from Stanford by Xenogen and Caliper; and (iii) that Carestream will not assert that the Lumina XR system as currently configured and sold by Caliper infringes any of Carestream’s patents.

Caliper was represented by Mark Fox Evens and Eldora Ellison, Ph.D. of the law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C. The two suits are (i) Caliper Life Sciences, et al. v. Carestream Health., Civil Action No.: 4:10-cv-02079-PJH (N.D.Ca.) & (ii) Carestream Health, Inc. v. Caliper Life Sciences, Case No.: 10-cv-00381(WMC)(SLC) (W.D.Wis.).