Legal Opinion

Scripps Clinic & Research Foundation v. Genentech, Inc.

Court of Appeals for the Federal Circuit

Decided March 11, 1991No. Nos. 89-1541, 89-1542, 89-1543, 89-1646 and 89-1647PublishedCited by 105 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

This litigation concerns a substance called human Factor VIILC, a complex protein that occurs naturally in normal blood and is essential to the clotting of blood. The patent in suit, United States Reissue Patent No. 32,011 (the “R’011” patent), is entitled “Ultrapurification of Factor VIII Using Monoclonal Antibodies”, inventors Theodore S. Zimmerman and Carol A. Fulcher. Assigned to Scripps Clinic and Research Foundation, it was licensed exclusively to Revlon, Inc. Subsequent to the filing of this suit Revlon sold its interest to Rorer Group, Inc.

By appeal and…

2Cases cited48 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  4. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  5. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950

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3Cited by105 opinions

  1. Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharmaceuticals, Inc.) and Transkaryotic Therapies, Inc.Court of Appeals for the Federal Circuit · 2003
  2. Smithkline Beecham Corp. v. Apotex [Corrected Date]Court of Appeals for the Federal Circuit · 2006
  3. Continental Can Company Usa, Inc. And Continental Pet Technologies, Inc. v. Monsanto Company, Hoover Universal, Inc. And Johnson Controls, Inc.Court of Appeals for the Federal Circuit · 1991
  4. Abbott Laboratories v. Sandoz, Inc.Court of Appeals for the Federal Circuit · 2009
  5. Roger W. Brown, ph.d. v. 3m, and Air Products and Chemicals, Inc., and Revlon, Inc.Court of Appeals for the Federal Circuit · 2001

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