Chiron Corp. v. Abbott Laboratories
Opinion
Opinion
Patel, J.
Plaintiff Chiron Corporation (“Chiron”) brought this action against defendant Abbott Laboratories (“Abbott”), alleging infringement of U.S. Patent No. 5,156,949 (“’949 patent”), which pertains to an immunoassay test for the HIV virus. In its answer, Abbott alleges as two of its defenses inequitable conduct and prior invention. Now before the court are cross-motions for summary judgment on these two defenses.
Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.
BACKGROUND
After the first documented cases of what is now commonly called Acquired Immune Deficiency Syndrome (“AIDS”) occurred in the United States in 1981, researchers identified the Human Immunodeficiency Virus (“HIV”) as its primary cause. Antibody tests called “immunoassays” were developed thereafter, in order to detect the presence of antibodies to HIV in human blood and thus serve as a means of determining whether the blood is infected with the virus. This action arises out of the development and patenting of these immunoassays.