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

MEMORANDUM & ORDER

Re: Plaintiffs’ Motion for Summary Judgment of Infringement

The Regents of the University of California, Abbott Molecular Inc. and Abbott Laboratories Inc. (collectively, “plaintiffs”) filed this action against Dako North America, Inc. and Dako Denmark A/S (collectively, “Dako” or “defendants”), alleging infringement of two United States patents related to in situ DNA hybridization. Now before the court is plaintiffs’ motion for summary judgment of infringement of the one remaining patent in suit, United States Patent No. 5,447,841 (“the '841 patent”), under the doctrine of equivalents. Having considered the arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Because the parties’ background, the technology at issue and the procedural history of the case have been reviewed in numerous prior orders issued by this court, only a brief summary is needed here. Further details can be found in prior orders. See, e.g., Regents of Univ. of Cal. v. DakoCytomation Cal., 2006 WL 618769 (N.D.Cal.2006), Docket No. 81 (“PI Order”), Regents of Univ. of Cal. v. DakoCytomation Cal., 2006 WL 1343950…