Anticancer, Inc. v. Pfizer, Inc.

NEWMAN, Circuit Judge.

This litigation concerns patents owned by AntiCancer, Inc. on technology related to the imaging of gene expression using a green fluorescent protein linked to a gene promoter. The fluorescent protein is derived from a species of green-glowing jellyfish named Aequorea victoria. The patented inventions are described as useful for drug discovery and evaluation in cancer control and treatment.

Appeal is from the district court’s summary judgment of noninfringement entered not on the substantive merits of any issue raised in the complaint, but on a procedural aspect at the…