Legal Opinion

Biogen, Inc. v. Amgen Inc.

District Court, D. Massachusetts

Decided August 6, 1998No. Civil Action 95-10496-RGSPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER ON THE CONSTRUCTION OF CLAIMS 1 AND 9 OF THE ’702 PATENT

STEARNS, District Judge.

This decision results from a hearing held under the auspices of Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). Markman requires a trial judge in a patent ease to construe and define the contested claims of a patent. The task committed to the judge is to explain what the protected invention is, and sometimes what it is not, ideally in language that will be accessible to a lay jury.

While several claims of several related Biogen patents are at issue,…

2Cases cited9 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
  4. Bell Communications Research, Inc. v. Vitalink Communications CorporationCourt of Appeals for the Federal Circuit · 1995
  5. Genentech, Inc. v. Novo Nordisk, A/s, Novo Nordisk of North America, Inc. And Novo Nordisk Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 1997

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3Cited by1 opinion

  1. Pieczenik v. Dyax Corp.District Court, D. Massachusetts · 2002

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