Interference 105,004 Paper 18
DeBoer v. Gordon
gland of a third species. (Id.)
Testimony of Dr. Strijker
18. Dr. Rein Strijker, a co-inventor of the involved DeBoer
patents, is also Chief Business Office at Pharming, the assignee.
(Strijker declaration, JE005 at 1, ¶1.)
19. Dr. Strijker testified that he has extensive research
experience and numerous publications in the art of eukaryotic
gene expression and transgenic animals. (Id. at ¶2.)
20. In particular, Dr. Strijker states that he was
especially familiar with the state of the art of eukaryotic
promoters in 1986, as illustrated by the defense of his thesis,
which contained a chapter on the topic, in March of that year.
(Id. at 2, ¶6.)
21. Dr. Strijker testified that many eukaryotic genes have
a highly conserved element called a TATA box about 30 base pairs
(bp) upstream from the transcription start site. (Id.)
Moreover, according to Dr. Strijker, it was well-known that
mutations of the TATA regulatory sequence resulted in “severe
reduction of transcription levels.” (Id.)
22. Dr. Strijker testified further that eukaryotic genes
often have a “CAAT box” upstream from the start site, and that
mutations of this sequence also reduce transcriptional
efficiency. (Id.) Dr. Strijker testified that still other
regulatory sequences were known to exist in eukaryotic genes, but
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