1e University of California v. Synbiotics Corp.

Good Law
849 F. Supp. 740·1994 WL 133559·29 U.S.P.Q. 2d (BNA) 2032·1994 U.S. Dist. LEXIS 3610
United States District Court, Southern District of CaliforniaJanuary 11, 1994Civ. 93-822GTCalifornia1,728 words

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.

UC/IDEXX now move for partial…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.