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UNIV. OF PENN. v. ST. JUDE CHILDREN'S RESEARCH

Civil Action Nos. 12-4122, 13-1502.

982 F.Supp.2d 518 (2013)

TRUSTEES OF the UNIVERSITY OF PENNSYLVANIA v. ST. JUDE CHILDREN'S RESEARCH HOSPITAL. Trustees of the University of Pennsylvania v. St. Jude Children's Research Hospital.

United States District Court, E.D. Pennsylvania.

November 13, 2013.

Attorney(s) appearing for the Case

David C. Wade, Richard M. Carter, Martin Tate Morrow & Marston, Memphis, TN, Eric Kraeutler, Thomas J. Sullivan, Deborah W. Frey, John V. Gorman, Morgan Lewis & Bockius, Philadelphia, PA, for Trustees of the University of Pennsylvania.

Alan E. Friedman, Foley & Lardner LLP, Los Angeles, CA, Daniel Segal, Hangley Aronchick Segal & Pudlin, Philadelphia, PA, Amy M. Pepke, Eric E. Hudson, Butler Snow Omara Stevens & Canada, PLLC, Memphis, TN, Paul Victor Cassisa, Jr., Butler Snow O'Mara Stevens & Cannada PLLC, Oxford, MS, for St. Jude Children's Research Hospital.

MEMORANDUM

DALZELL, J.

I. Introduction

These actions concern the nature of an immunotherapy for cancer treatment that Dr. Carl June, M.D., Director of the Translational Research Program and a professor at the University of Pennsylvania ("the University" or "Penn"), developed. The parties' claims sound in patent and contract law, and the dispute centers on the question of whether Dr. June's immunotherapy (the "June Construct") contains...

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