Elan Pharmaceuticals, Inc. v. Mayo Foundation for Medical Education & Research
District Court, N.D. California
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF ANTICIPATION
ALSUP, District Judge.
INTRODUCTION
The issue on defendant’s motion for summary judgment is whether a prior-art patent that discloses a “recipe” for producing transgenic mice, some of which will certainly end up with a particular characteristic and some of which won’t, anticipates claims based on the same recipe but covering only those mice that end up with the particular characteristic.
STATEMENT
A suspected cause of Alzheimer’s disease is the formation of plaque in the brain comprised residue from the break-down of an APP…
2Cases cited7 opinions
- Atlas Powder Company v. E.I. Du Pont De Nemours & Company and Alamo Explosives Company, Inc.Court of Appeals for the Federal Circuit · 1984
- Helifix Limited v. Blok-Lok, Ltd. And William Scott Burns v. Helifix North America Corporation, Third Party CounterclaimCourt of Appeals for the Third Circuit · 2000
- In Re John A. DonohueCourt of Appeals for the Federal Circuit · 1985
- In re OelrichCourt of Customs and Patent Appeals · 1981
- Glaxo Inc. And Glaxo Group Limited v. Novopharm Ltd.Court of Appeals for the Federal Circuit · 1995
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3Cited by3 opinions
- Elan Pharmaceuticals, Inc. And Athena Neurosciences, Inc. v. Mayo Foundation for Medical Education and ResearchCourt of Appeals for the Federal Circuit · 2003
- Elan Pharmaceuticals, Inc., and Athena Neurosciences, Inc. v. Mayo Foundation for Medical Education and ResearchCourt of Appeals for the Federal Circuit · 2002
- Elan Pharmaceuticals, Inc., and Athena Neurosciences, Inc. v. Mayo Foundation for Medical Education and ResearchCourt of Appeals for the Federal Circuit · 2002