Synbiotics Corp. v. Heska Corp.

ORDER INVALIDATING CLAIMS 1 AND 6 OF U.S.PATENT NO. 4,789,631

Before the Court is a motion for partial summary judgment filed by Defendant Heska Corporation, seeking to establish that Claims 1 and 6 of United States Patent No. 4,789,631 are invalid under 35 U.S.C. § 102 (b). Defendant Heska contends that Claims 1 and 6 are anticipated by a prior art reference. Plaintiff Synbiot-ics Corporation opposes. All parties are represented by counsel. The Court has read and considered the papers submitted, all relevant exhibits and the applicable law. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 , 1338(a). For the reasons stated below, the Court GRANTS Defendant’s motion for summary judgment.

I. Background

This lawsuit involves products and technology used to detect the presence of heartworm, a potentially fatal immune disease, in cats, dogs and hounds. “Heartworm,” which scientists refer to as Dirofilaria immitis or D, immitis, is a microorganism that, when it invades an animal, resides in the heart of a dog or cat and can cause a potentially fatal disease. The invention claimed in United States Patent No. 4,789,631 (“the ’631 Patent”) issued to Plaintiff Synbioties…