UNIV. OF UTAH v. MAX-PLANCK-GESELLSCHAFT

No. 11-CV-10484-PBS.

881 F.Supp.2d 151 (2012)

UNIVERSITY OF UTAH, Plaintiff, v. MAX-PLANCK-GESELLSCHAFT ZUR FORDERUNG DER WISSENSCHAFTEN E.V., a corporation organized under the laws of Germany; Max-Planck-Innovation GmbH, a corporation organized under the laws of Germany; Whitehead Institute for Biomedical Research, a Delaware corporation; Massachusetts Institute of Technology, a Massachusetts corporation; Alnylam Pharmaceuticals, Inc., a Delaware corporation; and Robert L. Caret, President of the University of Massachusetts in his official capacity; James R. Julian, Executive Vice President and Chief Operating Officer of the University of Massachusetts, in his official capacity; David J. Gray, Senior Vice President for Administration, Finance, & Technology and University Treasurer of the University of Massachusetts, in his official capacity; and James P. McNamara, Executive Director, Office of Technology Management of the University of Massachusetts, in his official capacity, their predecessors and successors in office, Defendants.

United States District Court, D. Massachusetts.

June 11, 2012.


Attorney(s) appearing for the Case

Steve W. Berman Hagens , Mark S. Carlson Hagens , Berman Sobol Shapiro LLP, Seattle, WA, Melissa H. Davis Pepper, Hamilton LLP, Boston, MA, Kristen Johnson Parker , Hagens Berman Sobol Shapiro, Cambridge, MA, for Plaintiff.

David I. Gindler , Alan J. Heinrich , Lina F. Somait , Irell & Manella LLP, Los Angeles, CA, Thomas F. Maffei Griesinger , Scott McConchie Griesinger , Tighe & Maffei, LLP, Boston, MA, for Defendant.


MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

This case is the latest battle in the continuing war over patent rights in the field of RNA interference ("RNAi"), also known as gene silencing.1 RNAi is a process whereby a double-stranded RNA molecule inserted into a cell directs the destruction of messenger RNA before it can be translated into a protein. It has great potential therapeutic value.<...

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