Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Centocor, Inc. et al v. Abbott Laboratories, No. 2:07-cv-00139 (E.D. Tex. May 27, 2009)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:07-cv-00139, Dkt. No. 233
Decided
May 27, 2009
Judge
T. John Ward, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER as to #163 motion for summary judgment
Length
15 pages

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.

I. Introduction Pending before the court is Abbot Laborator ies, Abbot Bioresearch Center, Inc., and Abbot Biotechnology Ltd.’s (colle ctively, “Abbott”) motion for summary judgment (Dkt. No. 163). In its motion, Abbott assert s that Centocor Ortho Biotech, Inc., and Ne w York University (collectively, “Centocor”) are entitled to a priority date of no earlier than February 4, 1994, with respect to the patents-in-suit, United States Patent Nos. 7,070,775 (“the ‘775 patent”) and 7,276,239 (“the ‘239 patent”).