Regents of the University of California v. Dako North America, Inc.

MEMORANDUM & ORDER

Re: Motion for Summary Judgment

Plaintiffs The Regents of the University of California (“UC Regents”), Abbott Molecular Inc., and Abbott Laboratories Inc. (collectively, “Abbott”) brought this patent infringement action against defendants Dako North America, Inc. and Dako A/S (collectively, “Dako”), alleging infringement of two United States patents related to in situ DNA hybridization. Now before the court is Dako’s motion for summary judgment of noninfringement. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

The history of this litigation and the nature of the technology at issue are already discussed in some detail in the court’s previous orders and need not be repeated in full here. The following summary is sufficient for purposes of resolving Dako’s motion.

Abbott holds the .two patents at issue in this lawsuit, U.S. Patent No. 5,447,841 (the “'841 patent”) and U.S. Patent No. 6,596, -479 (the “'479 patent”). The two asserted patents have substantially identical specifications but were issued almost eight years apart and have different…