Hoffman-La Roche, Inc. v. Promega Corp.

ORDER

At a case management conference on December 9, 2003, the court ordered the parties to provide memoranda discussing what remedies result from the court’s December 7, 1999, order that was affirmed in part and reversed in part by the Federal Circuit. See Doc # 1294. Defendant requests various remedies and plaintiffs argue that the court’s affirmed findings provide no basis for any remedies. According to the foregoing, the court GRANTS in part and DENIES in part, defendant’s request for remedies.

I

The facts of this case have been explained in great detail, in prior orders. Accordingly, the court provides only a short summary of the facts here.

Plaintiffs own two patents -concerning the polymerase chain reaction . (“PCR”): United States Patent No 4,683,195 (“ ’195 patent”) and United States Patent No 4,683,202 (“ ’202 patent”). PCR is a method to produce a large amount of deoxyribo-nucleic acid (“DNA”). Large-scale DNA production is accomplished by repeatedly cycling through a number of steps, two of which the court notes. First, the two component strands of DNA must be separated from each other. The DNA strands usually are separated using heat. Second, an enzyme known as a…