Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
The Board of Trustees of the Leland Stanford Junior University (“Stanford”) brought this action against Roche Molecular Systems, Inc., et al. (collectively “Roche”), alleging infringement of various U.S. Patents. Now before the court is Roche’s Motion for Summary Judgment on Invalidity of the asserted patents. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.
BACKGROUND
This patent dispute concerns the application of Polymerase Chain Reaction (“PCR”) technology in the context of research related to the Human Immunodeficiency Virus (“HIV”) and the Acquired Immunodeficiency Syndrome (“AIDS”). Stanford currently owns three patents entitled “Polymerase Chain Reaction Assays for Monitoring Antiviral Therapy and Making Therapeutic Decisions in the Treatment of Acquired Immunodeficiency Syndrome.” United States Patent Nos. 5,968,730 (“the '730 patent”); 6,503,705 (“the '705 patent”); 7,129,041 (“the '041 patent”). The patents involve correlating measurements of HIV nucleic acids obtained via a PCR assay with determining whether or not a particular therapy is effective.