Interference 104,002
hybridization assays with numerous tissue samples. GB, p. 135; GB, pp. 73-75;
Material Facts 160-163. On March 3, 1995, Ms. Watson reported to Dr. Godiska that
chemokine expression was detected in colon tissue from a Crohn’s disease biopsy, but
not in normal colon tissue. GB, p. 136; GB, p. 75, Material Facts 164-165. These data
are said to indicate that the 390 gene could be used as a diagnostic probe to
differentiate between healthy and diseased colon tissue. GB, p. 136.
With respect to the “practical utility” of the polypeptide of the count, Godiska
argues that by January 10, 1995, Dr. Godiska expressed the pm390-12 clone, which
contained the full-length sequence of the chemokine 390 (MDC), in mammalian cells.
GB, p. 144. In February and March, 1995, Dr. Godiska is said to have performed a
number of transmigration assays using the supernatant from the transformed
mammalian cells.5 Id. Dr. Godiska gave the cells which migrated in the assay to Ms.
Linda Watson. Id., p. 145. Ms. Watson performed cell differential assays on February
20, March 3 and March 14, 1995, to determine the type of cell that migrated through the
barrier in Dr. Godiska’s transmigration assay. Id. On April 3, 1995, Dr. Godiska
received a report from Ms. Watson suggesting that the chemokine stimulated
chemotaxis of lymphocytes and also monocytes. GB, p. 145, Material Fact 241.
Li does not contest Godiska’s arguments.
We find, based on the record, that Godiska has demonstrated, by a
preponderance of the evidence, that it was the first to reduce the invention of the count
5 The transmigration assay is said to measure the ability of the recombinant
cytokine to promote chemotaxis of lymphocytes. GB, p. 144.
7
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