FURMAN et al. V. BELLEAU et al. - Page 3





                                             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.                               
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