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AsymmetRx, Inc. v. Biocare Medical, LLC (Fed. Cir. 2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- Last week, the Federal Circuit determined that Plaintiff-Appellant AsymmetRx, Inc. did not have standing to bring an action for infringement of the patents-at-suit absent the participation of the President and Fellows of Harvard College. As a result, the CAFC vacated and remanded an order by the District Court for the District of Massachusetts granting summary judgment in favor of Defendant-Appellee Biocare Medical, LLC. Harvard owns U.S. Patent Nos. 6,946,256 and 7,030,227, which relate to anti-p63 monoclonal antibodies and methods for using them to detect malignant carcinoma. In 2002, Harvard entered into a license agreement with Biocare...

Full post as published by Patent Docs on September 23, 2009 (boomark / email).