Motion to dismiss inventorship action is denied without prejudice
Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, February 18, 2009.
Robinson, J. Defendant’s motion to dismiss or transfer is denied without prejudice.
Plaintiff filed this action seeking adjudication of priority of invention. Defendant moves to dismiss on the grounds that Wyeth, and not Plaintiff, is the owner of the patent-in-suit. Alternatively, Defendant asserts the Court may not adjudicate priority issues because the patent is expired but for its extension period. If the motion is denied, Defendant seeks to transfer the action to Texas. Plaintiff has provided uncontroverted documentary evidence of ownership and the motion is denied with leave to renew if discovery proves otherwise. Defendant argues that there is no interference-in-fact because the claims of the patent-in-suit have expired. It claims Section 156 provides exclusivity only for approved uses of a product, but not for the now-expired claims of the patent. The Court does not read section 156 so narrowly. The Court further denies the motion to transfer venue because the priority issue in dispute is distinct from infringement claims in Texas litigation.
