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ENZO THERAPEUTICS v. YEDA RESEARCH AND DEV. CO.

Civil Action No. 2:06cv377.

467 F.Supp.2d 579 (2006)

ENZO THERAPEUTICS, INC., Plaintiff, v. YEDA RESEARCH AND DEVELOPMENT CO. OF THE WEIZMANN INSTITUTE OF SCIENCE and Jon W. Dudas in his official capacity as Director of the U.S. Patent and Trademark Office, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

December 6, 2006.

Attorney(s) appearing for the Case

Thomas Jefferson Scott, Jr., Hunton & Williams LLP, Washington, DC, for Plaintiff.

Alexander Edward Gasser, Frank Jonah West, Kenneth David Wilcox, Oblon Spivak McClelland Maier & Neustadt PC, Alexandria, VA, Beth Susanne Vanderzee McMahon, Stephen Edward Noona, Kaufman & Canoles PC, George M. Kelley, III, United States Attorney's Office, Norfolk, VA, Bruce Jefferson Boggs, Jr., Erin Marie Dunston, Bingham McCutchen LLP, Roger Lowen Browdy, Ronni Sue Jillions, Browdy and Neimark PLLC, Washington, DC, Charles L. Gholz, Oblon Spivak Mccclelland Maier & Neust, Arlington, VA, for Defendants.

OPINION AND ORDER

DOUMAR, District Judge.

Presently before the Court is a motion by Defendant Jon W. Dudas, in his capacity as Director of the United States Patent and Trademark Office (the "Director"), to dismiss claims filed against him on July 3, 2006, by Plaintiff Enzo Therapeutics, Inc. ("Enzo"). The underlying lawsuit, filed pursuant to 35 U.S.C. § 146, asserts four claims against the Director and Yeda Research and Development Company ...

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