The Regents of the University of Michigan v. Leica Microsystems Inc.

BACKGROUND

21 Michigan alleges that Leica infringes upon the ’169 Patent, entitled “Whole Spectrum 22 Fluorescence Detection With Ultrafast White Light Excitation.” Complaint (“Compl.”) [Dkt. No. 23 1] ¶ 9. The patent concerns a system used in microscopes wherein fluorescent labels are used to 24 “tag” molecules that are placed on a sample or a microscope slide. Compl. ¶¶ 15–16. 25 Traditionally, fluorescent systems used fluorescent detection to allow a microscope user to view a 26 single “tagged” molecule within a sample. Id. The ’169 Patent specifically claims a “novel 27 fluorescent detection technology using a white light laser and a time-resolving detector.” Compl. ¶ 20. Michigan asserts that these innovative technologies allow for a researcher to view multiple tagged molecules and measure the amount of fluorescence, and therefore quantity of specific molecules in a sample, all at once. Id. It accuses Leica’s SP8 and Stellaris microscope models (the “Accused Products”) of infringing upon the ’169 Patent. Compl. ¶¶ 49–52. The underlying technology is discussed in more detail where relevant in the “Discussion” section below. A. …