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United States Federal Circuit


Asymmetrx, Inc. v. Biocare Med., LLC, 09-1094

In a dispute over the rights of a patented monoclonal antibodies used for detecting malignant carcinoma, district court's grant of defendant's motion for summary judgment is vacated and remanded as plaintiff lacks the statutory right to bring an action for infringement without joining the patent owner, Harvard. Although the license effected a broad conveyance of rights to plaintiff, Harvard retained substantial interests under the patents.

Appellate Information

  • Decided 09/18/2009
  • Published 09/18/2009

Judges

Court

  • United States Federal Circuit

Counsel

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