Phigenix, Inc. v. Genentech, Inc., No. 17-2617 (Fed. Cir. Sept. 5, 2019)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Phigenix, Inc. sued Genentech, Inc. for induc ed in- fringement of various claims of U.S. Patent No. 8,080,534. After striking the infringement opinion of Phigen ix’s ex- pert, the district court granted summary judgment of non- infringement based on a lack of evidence of both direct infringement and intent to induce infringement. The dis- trict court also denied summary judgment of invalidity based on various utility, enablement, and written descrip- tion challenges advanced by Genentech.