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MASSACHUSETTS INST. OF TECHNOL. v. IMCLONE SYSTEMS

Civil Action No. 04-10884-RGS.

498 F.Supp.2d 435 (2007)

MASSACHUSETTS INSTITUTE OF TECHNOLOGY and Repligen Corporation v. ImCLONE SYSTEMS, INC.

United States District Court, D. Massachusetts.

August 7, 2007.

Attorney(s) appearing for the Case

Gregory A. Madera, Fish & Richardson, P.C., Boston, MA, Irene E. Hudson, Fish & Richardson, New York City, John C. Adkisson, Jonathan E. Singer, Michael J. Kane, William R. Woodford, Fish & Richardson P.C., Minneapolis, MN, Juanita R. Brooks, Fish & Richardson, P.C., San Diego, CA, Michael R. Gottfried, Duane Morris LLP, Boston, MA, for Massachusetts Institute of Technology and Repligen Corporation.

Anthony J. Fitzpatrick, Michael R. Gottfried, Duane Morris LLP, Boston, MA, for ImClone Systems, Inc.

MEMORANDUM AND ORDER ON CLAIM CONSTRUCTION

STEARNS, District Judge.

On May 4, 2004, the Massachusetts Institute of Technology (MIT) and its licensee, Repligen Corp. (Repligen), filed suit against ImClone Systems, Inc. (ImClone), alleging that ImClone's manufacture of the cancer-fighting drug Erbitux violates U.S. Patent No. 4,663,281, "Enhanced Production of Proteinaceous Materials in Eucaryotic Cells" (the '281 patent). Before the court are the parties...

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