Chiron Corporation, 220 F.3d 1345, 1354, 55 USPQ2d 1636, 1643
(Fed. Cir. 2000).
In order to establish inurement, an inventor must show,
among other things, that the non-inventor was working at the
inventor's request, either explicitly or implicitly. Cooper
v. Goldfarb, 154 F.3d at 1332, 47 USPQ2d at 1905.
The Koboldt, Veenhuizen, and Anderson testimony
Koboldt testified that she received "material identified
as SC-58394 from Henry Huang who requested that the compound
be tested for anti-inflammatory activity in the Monsanto COX-
1/COX-2 inhibition assay" (Exh. 2029 at ¶4). Koboldt also
testified that she received material identified as SC-60246,
SC-60247, SC-60248, SC-60667 and SC 60668 from Dr. Chamberlain
for testing in the COX-1/COX-2 assay.
Veenhuizen testified that she "received from Timothy
Chamberlain material identified as SC-60246, SC-60247, SC-
60248, SC-60667 and SC 60668 for testing for anti-inflammatory
activity using the Searle one-day pouch assay" (Exh. 2044 at
¶4).
Anderson testified he "received material identified as
SC-60668 from the COX-2 chemistry team for testing for
anti-inflammatory activity in the G.D. Searle adjuvant
arthritis assay" (Exh. 2048 at ¶4). In his testimony,
26
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: November 3, 2007