Brief summary of he facts' Burroughs Wellcome, Inc. ("BW")2 first received a sample of BCH- 189 from BioChem Pharma' in 1989. BW tested the BCH-l 89 and found it to be active against human immunodeficiency virus ("HIV). Thereafter, Dr. Dennis Liotta of Emory University sent a group of nucleoside analogs synthesized by Dr. Liotta ("the Liotta samples") to BW for anti-viral testing. Among the Liotta samples was BCH- 189. In late October and early December of 1990, BW consultant Dr. Brent Korba tested BCH- 18 9 for its activity against HBV. InmidDecember of 1990, Dr. Korba provided a report indicating that BCH-I 89 was active against HBV. BW did not test the separate enantiomers of BCH-189 for anti-HBV activity until July of 1991. Brief summary of the decision Since Furman has failed to show that it was the first to invent the subject matter of any of the counts in the interference by a preponderance of the evidence, we enter judgment against Furman as to all counts. In particular, we determine that Furman has not shown by a preponderance of the evidence: (1) that Furman actually reduced to practice the invention defined by count 1, count 2, or count 3 prior to Belleau's priority benefit date of 3 January 199 1; or (2) that Furman was diligent up to Furman's constructive reduction to practice date of 2 May 1991. It is our understanding that these facts are not in dispute (Paper 88 at 6,7,11, and 12 and Paper 91 at 1). 2 We understand Burroughs Wellcome, Inc. to refer to Furman's real party in interest. (See iLnfra at finding of fact ("FF") 5). 3 Belleau has identified BioChem Pharma as its real party in interest. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007