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Abbott said that a lawsuit it filed Thursday tries to obtain important information from Alere before its acquisition is completed.
Synlab, a European lab services provider, found the test performed well on samples with low bacterial load and non-respiratory samples.
Shareholder approval follows China's avowal that it will not block the deal and Abbott's CEO confirming his faith in Alere's business.
CEO Miles White said that he still believes that Alere is a good strategic fit for Abbott, and the firm is pursuing all of the necessary regulatory approvals for the deal.
Abbott's PCR instrument will help the biopharma companies identify isocitrate dehydrogenase mutations in patients with acute myeloid leukemia.
The court order provided a schedule of actions designed to resolve antitrust issues related to the deal.
The companies appear poised to return to court to settle Alere's claim that Abbott needs to quickly fulfill its obligations under their merger deal.
The Alere flu test detected fewer cases of influenza A in a recent study, which researchers attributed to low viral loads.
The firm's confirmation that it is on track with current and Q3 financial report timing may not be enough to appease would-be acquirer Abbott.
Alere filed a legal complaint in order to push Abbott to obtain the anti-trust approvals needed to complete the acquisition proposed earlier this year.