Legal Opinion
Human Genome Sciences, Inc. v. Genentech, Inc.
District Court, D. Delaware
Decided December 16, 2008No. Civ. 08-166-SLRPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
SUE L. ROBINSON, District Judge.
I. INTRODUCTION
Plaintiff Human Genome Sciences, Inc. (“HGS”) filed the present action against Genentech, Inc. (“Genentech”) on March 25, 2008, seeking review of a Decision on Motions entered on November 28, 2007 and Final Judgment entered February 20, 2008 by the Board of Patent Appeals and Interferences (the “Board”) of the United States Patent and Trademark Office (“PTO”) in Interference No. 105,361 (“the '361 interference”). (D.I. 1) Genentech filed a motion to dismiss on May 25, 2008. (D.I. 9) For the reasons that follow, the court grants…
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