Genentech, Inc. v. INSMED INCORPORATED

ORDER ON CLAIM CONSTRUCTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs and Counterdefendants Genen-tech, Inc. and Tercica, Inc. and Defendants and Counterclaimants Insmed Incorporated, Celtrix Pharmaceuticals, Inc. and Insmed Therapeutic Proteins, Inc. dispute the meaning of several terms and phrases used in U.S. Patent No. 6,331,414 ('414 patent), U.S. Patent No. 5,187,151 (the '551 patent) and U.S. Patent No. 5,258,287 ('287 patent). Plaintiffs and Defendants each ask the Court to adopt them proposed construction of the disputed terms and phrases. In addition, Plaintiffs move for partial summary judgment. Defendants oppose the motion and cross-move for summary judgment. Plaintiffs oppose that motion. The matter was heard on May 19, 2003. Having considered the parties’ papers, the evidence cited therein and oral argument, the Court construes the disputed terms and phrases as set forth below. The Court grants Plaintiffs’ motion and grants Defendants’ motion in part and denies it in part.

BACKGROUND

Plaintiffs and Defendants are biotechnology companies competing to penetrate and serve a market of 6,000 children in the United States who suffer from a rare disorder known as…