Axion resolves 3-patent, false advertising, and trade secret DDE case after jury selection

Client(s) Axion Biosystems, Inc.

Jones Day defended Axion BioSystems, Inc. ("Axion") against Agilent Technologies, Inc. ("Agilent") which asserted patent infringement, false advertising, trade secret misappropriation, and intentional and negligent interference with prospective economic advantage claims in the U.S. District Court for the District of Delaware. Agilent asserted three patents against Axion's impedance-based, live-cell analysis products. Axion obtained with prejudice dismissal of the tort and negligence claims before the close of fact discovery, and also obtained a without prejudice dismissal of the trade secret claim requiring Agilent to plead its claim with more specificity before it could proceed with expert discovery. Shortly before the trial date for the patent and false advertising claims, the district court granted Axion's summary judgment motion on the false advertising claim. The court also granted multiple partial summary judgment motions filed by Axion related to the patent infringement claims. In the weeks leading up to trial, the court ruled in favor of Axion on several other motions concerning the scope of anticipated expert testimony at trial. After jury selection, the parties resolved the remaining claims as part of a confidential settlement agreement.

Agilent Technologies, Inc. v. Axion BioSystems, Inc., No. 1-23-cv-00198 (D. Del.)