Legal Opinion
AsymmetRx, Inc. v. Biocare Medical LLC
District Court, D. Massachusetts
Decided September 29, 2008No. Civil Action 07-11189-RGSPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
STEARNS, District Judge.
Plaintiff AsymmetRx, Inc., brought this patent action against defendant Biocare Medical LLC (Biocare) alleging infringement of an exclusive right to sell p63 antibodies in the commercial diagnostic market. The right is claimed under patents 1 assigned to AsymmetRx by the President and Fellows of Harvard College (Harvard). At issue is the interpretation of a competing License Agreement between Biocare and Harvard which allows Biocare to “make, use, and sell” the p63 antibodies. Biocare and AsymmetRx both move for…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Santiago-Ramos v. Centennial P.R. Wireless Corp.Court of Appeals for the First Circuit · 2000
- Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
- Mulvihill v. Top-Flite Golf Co.Court of Appeals for the First Circuit · 2003
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3Cited by2 opinions
- AsymmetRx, Inc. v. Biocare Medical, LLCCourt of Appeals for the Federal Circuit · 2009
- Nickless v. International Golf Club, LLC (In Re Prime Mortgage Financial, Inc.)United States Bankruptcy Court, D. Massachusetts · 2010