Jewish Hospital of St. Louis v. Idexx Laboratories

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

Washington University, Jewish Hospital’s predecessor in title to the ‘275 patent, has consistently claimed and been awarded the benefit of “small entity status,” resulting in a fifty per cent reduction in the fees paid to the Patent and Trademark Office (“PTO”).1 In fact, however, Mallinckrodt, Inc. was the licensee under the patent and thereby disqualified the patent owner from obtaining small entity status. As a result, IDEXX argues, the patent owner never paid the proper fees for obtaining and maintaining the ‘275 patent, and the…