Limited discovery is ordered in §291 interference action
Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, May 7 , 2009.
Robinson J. Plaintiff’s motion to set a trial date and defendant’s motion for reargument are both denied pending limited discovery.
The Court enters a scheduling order permitting limited discovery on the issues of claims construction and jurisdiction to determine whether it has subject matter jurisdiction to hear plaintiff’s §291 claims. Plaintiff seeks a declaration of priority of its patent due to expire at the end of February, 2010. Defendant has asserted infringement of two patents-in-suit over plaintiff’s parent, and plaintiff seeks to invalidate those patents. Defendant contests plaintiff’s ownership of the patent plaintiff claims is prior art to defendant’s patents. Oral argument is set for September 3, 2009 after defendant renews its motion to dismiss.
