Johns Hopkins University v. 454 Life Sciences Corporation, C.A. No. 13-1853 - LPS, May 2, 2016.
Stark, C. J. Plaintiff’s motion for partial summary judgment is granted in part and denied in part. Briefing was completed on February 16, 2016.
Plaintiff filed this action to review the final decision and judgment of the Board of Patent Appeals and Interferences. Plaintiff’s motion for summary judgment that its priority date with respect to the count is no later than June 5, 2003 is granted. Its motions that certain patent applications fail to comply with written description and enablement requirements are denied. Its motion that a certain patent application is anticipated is denied. Defendant’s motion for partial summary judgment regarding written description and enablement is denied. The court finds material issues of fact preclude summary judgment regarding written description and enablement.