Siemens Healthcare Diagnostics Inc. v. Enzo Life Sciences, Inc.

Justia Dockets & Filings First Circuit Massachusetts District Court Siemens Healthcare Diagnostics Inc. v. Enzo Life Sciences, Inc.

Siemens Healthcare Diagnostics Inc. v. Enzo Life Sciences, Inc.

Plaintiff:	Siemens Healthcare Diagnostics Inc.
Defendant:	Enzo Life Sciences, Inc.
Case Number:	4:2010cv40124
Filed:	July 9, 2010
Court:	US District Court for the District of Massachusetts
Office:	Worcester Office
County:	XX US, Outside State
Presiding Judge:	Timothy S. Hillman
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 145
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 14, 2013	Filing 95 Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered. Enzo's 66 motion for summary judgment of invalidity and to dismiss for lack of subject-matter jurisdiction is DENIED. Siemens's 48 motion for summary judgment of unpatentability is DENIED. Siemens's 52 motion for summary judgment under § 135(b)(1) is GRANTED insofar as it argues that the Board of Patent Appeals and Interferences committed legal error when it failed to evaluate Siemens's § 135(b) motion with respect to 159 of the claims at issue and GRANTED insofar as it argues that the Board committed legal error in its conclusion that the limitation "more than one non-radioactive signaling entity" necessarily resulted from the limitation s of the earlier-filed claims. Siemens's motion for summary judgment under § 135(b)(1) is DENIED insofar as it asks this Court to determine in the first instance whether Enzo's claims are barred under § 135(b)(1). The matter is REMANDED to the Board of Patent Appeals and Interferences for further proceedings consistent with this opinion. (Cicolini, Pietro)

Date Filed

Document Text

August 14, 2013

Filing 95 Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered. Enzo's 66 motion for summary judgment of invalidity and to dismiss for lack of subject-matter jurisdiction is DENIED. Siemens's 48 motion for summary judgment of unpatentability is DENIED. Siemens's 52 motion for summary judgment under § 135(b)(1) is GRANTED insofar as it argues that the Board of Patent Appeals and Interferences committed legal error when it failed to evaluate Siemens's § 135(b) motion with respect to 159 of the claims at issue and GRANTED insofar as it argues that the Board committed legal error in its conclusion that the limitation "more than one non-radioactive signaling entity" necessarily resulted from the limitation s of the earlier-filed claims. Siemens's motion for summary judgment under § 135(b)(1) is DENIED insofar as it asks this Court to determine in the first instance whether Enzo's claims are barred under § 135(b)(1). The matter is REMANDED to the Board of Patent Appeals and Interferences for further proceedings consistent with this opinion. (Cicolini, Pietro)

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Plaintiff: Siemens Healthcare Diagnostics Inc.
Represented By:	William D. Belanger
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Defendant: Enzo Life Sciences, Inc.
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