to be decided and UMass has not alleged a date of invention earlier than the Infigen's accorded
benefit date, we enter final judgment against UMass.
FINDINGS OF FACT
The following findings of fact are supported by a preponderance of the evidence. Additional
findings of fact may be present in the analysis section of this opinion.
The Parties
F 1. This interference is between Patent 5,905,042 and Application 09/573,044.
F 2. The real parties-in-interest of the 042 Patent is said to be the University of Massachusetts
(UMass), and Advance Cell Technology, Inc., as the assignee and exclusive licensee,
respectively. Paper 10.
F 3. The real party in interest of the 044 Application is said to Infigen, Inc. (Infigen) Paper 7.
F 4. The application which issued as the UMass patent was filed April 1, 1996.
F 5. Infigen's involved application was filed May 15, 2000.
F 6. Infigen's involved application is said to be a continuation of Application 08/172,385.
F 7. When this interference was declared, Infigen was accorded the benefit of Application
08/172,385, filed December 23, 1993. Paper 1, p. 4.
F 8. By virtue of the accorded date of December 23, 1993, Infigen is the senior party.
The Subject Matter of the Interference
F 9. The subject matter of the interference relates to methods for producing certain cultured
ungulate cells.
F 10. The methods generally include the steps of obtaining inner cell mass or inner cell mass
precursor cells, culturing the cells on a feeder layer to produce cell colonies, identifying cell
that have certain characteristics, separating the identified cells, and culturing the identified
and separated cells to form an ungulate embryo.
F 11. Claim I is representative of the parties' invention as claimed in the UMass patent:
1. A method for producing a bovine or porcine cultured inner cell mass
(CICM) cell
which may be incorporated into a bovine or porcine embryo to form
a chimeric bovine or porcine
which consists essentially of the following steps:
-2-
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007