Axis-Shield
General Atomics, Diazyme, Laboratories Division v. Axis-Shield ASA
Opinion
Opinion
Illston, J.
ORDER GRANTING PLAINTIFF’S, MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT
On June 2, 2006, the Court heard argument on plaintiffs motion for summary judgment of noninfringement. Having considered the arguments of counsel and the papers submitted, and for good cause appearing, the Court hereby GRANTS plaintiffs motion.
BACKGROUND
Plaintiff General Atomics is a California corporation that sells enzymic homocy-steine assays that detect the level of homo-cysteine in human samples. On October 11, 2005, General Atomics filed this action against Axis-Shield ASA, a Norwegian corporation, seeking a declaratory judgment that its assays did not infringe U.S. Patents owned by Axis Shield. Although the complaint originally sought a declaration of non-infringement as to four Axis-Shield patents, only two remain in this suit: U.S. Patent No. 5,631,127 (“the '127 patent”); and U.S. Patent No. 5,958,717 (“the '717 patent”).
The parties are in general agreement as to the means by which General Atomics’ homocysteine assay functions. To measure the level of homocysteine in a sample, General Atomics’ assay involves adding a co-substrate called S-adenosyl-L-methio-nine (“SAM”) to the sample. An…