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ELAN PHARM. v. MAYO FOUNDATION FOR MEDICAL EDUC.

No. 99-CV-4464.

175 F.Supp.2d 1209 (2000)

ELAN PHARMACEUTICALS, INC., and Athena Neurosciences, Inc., Plaintiffs, v. MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH, Defendant.

United States District Court, N.D. California.

June 15, 2000.

Attorney(s) appearing for the Case

Andrew A. Kumamoto, William E. Thomson, Jr., McCutchen Doyle Brown & Enerson, LLP, San Francisco, CA, Lynn H. Pasahow, S. Christian Platt, McCutchen Doyle Brown & Enerson LLP, Palo Alto, CA, for plaintiffs.

Robert E. Hillman, Fish & Richardson P.C., Boston, MA, Karen I. Boyd, Fish & Richardson P.C., Menlo Park, CA, John A. Burtis, Chad A. Hanson, Fish & Richardson, Minneapolis, MN, for defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OF ANTICIPATION

ALSUP, District Judge.

INTRODUCTION

The issue on defendant's motion for summary judgment is whether a prior-art patent that discloses a "recipe" for producing transgenic mice, some of which will certainly end up with a particular characteristic and some of which won't, anticipates claims based on the same recipe but covering only those mice that end up with the particular characteristic...

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