Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc.

MEMORANDUM & ORDER

On October 14, 2005 plaintiff Board of Trustees of the Leland Stanford Junior University (“plaintiff’ or “Stanford”) brought this action against Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., and Roche Diagnostic Systems, Inc. (collectively “defendants” or “Roche”) alleging infringement of U.S. Patents Nos. 5,968,730 (“the '730 patent”) and 6,503,705 (“the '705 patent”). On November 17, 2005 Roche filed a counterclaim against Stanford, naming Dr. Thomas Merigan as an additional counterclaim defendant. In June 2006, Roche amended its counterclaim without objection to add Dr. Mark Holodniy as a counterclaim defendant. On March 26, 2007, Stanford amended its complaint to also allege infringement of U.S. Patent No. 7,129,041 (“the '041 patent”). Now before the court are the parties’ claim construction briefs, filed pursuant to Patent Local Rule 4-5. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court construes the disputed terms as follows.

BACKGROUND

This patent dispute concerns the application of Polymerase Chain Reaction (“PCR”) technology in the context of…