1e University of California v. Synbiotics Corp.
Opinion
Opinion
Thompson, J.
ORDER
On December 20, 1993 Defendant’s Synbi-otics Corporation (“Synbiotics”) Motion for Leave to Amend its First Amended Answer (or File a Second Amended Answer) to add the affirmative defense of license came on for hearing before the Court. Additionally, Plaintiffs, the Regents of the University of California and IDEXX Laboratories, Inc. (“UC/IDEXX”) Motion for Partial Summary Judgment came on for hearing before the Court. The Court has fully considered this matter, including review of the moving papers, the opposition, the reply, the authorities cited therein, and the arguments presented.
BACKGROUND
Synbiotics claimed in its opposition to UC/ IDEXX’s Motion for Preliminary Injunction that Mario Brown (“Brown”) was a co-discoverer of the FIV virus and therefore a co-inventor for the methods for diagnosing FIV infection. According to Synbiotics, this makes Brown a co-inventor of the 5,037,753 and the 5,118,602 patents because she contributed the idea that her cats, that she brought to Dr. Pedersen at UC Davis, were infected with a virus other than FeLV (feline leukemia) and that this virus was similar to the virus that causes AIDS in humans.