Claims relating to nucleic hybridization probes are construed
Digene Corporation v. Ventana Medical Systems, Inc., et al., C.A. No. 01-752-MPT, August 24, 2007.
Thynge, M.J. The Court adopts defendants’ proposed claim constructions.
The patents-in-suit relate to nucleic hybridization probes for human papillomavirus types, particularly types 35 and 44. The Court was asked to construe three terms: “HPV35,” HPV44,” and “fragments thereof.” The Court declined to add a limitation found on the preferred embodiment and adopted defendants’ proposed constructions of the first two terms. It also adopted defendants’ construction of the third turn which was consistent with the specification.
A copy of the full opinion is available here.
