Quimbee logo
DMCA.com Protection Status

AsymmetRx v. Biocare Medical

582 F.3d 1314 (2009)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

AsymmetRx v. Biocare Medical

United States Court of Appeals for the Federal Circuit

582 F.3d 1314 (2009)

Facts

Harvard University owned two patents relating to monoclonal antibodies that were useful in detecting certain cancers. Harvard had licensed Biocare Medical, LLC (Biocare) (defendant) to make, use, and sell the antibodies while Harvard’s patent applications were still pending. Two years later, after the patents were issued, Harvard granted AsymmetRx, Inc. (plaintiff) an exclusive commercial license under the patents and a license to use the antibodies. Harvard reserved the right to make and use the antibodies for research purposes and to grant nonexclusive licenses to other nonprofit institutions for research purposes. Harvard also retained certain rights to control sublicensing by AsymmetRx, as well as the right to render the commercial license nonexclusive under certain circumstances. The agreement gave AsymmetRx the right to prosecute infringement actions in the commercial diagnostic field if AsymmetRx still had an exclusive license. However, AsymmetRx was obligated to consider Harvard’s views, and if AsymmetRx did sue to challenge an infringement, Harvard had the right to join and to jointly control the action. The agreement also barred AsymmetRx from settling an infringement suit without Harvard’s consent. Finally, if AsymmetRx elected not to prosecute an infringement, Harvard retained the right to do so. AsymmetRx sued Biocare for patent infringement, alleging that Biocare’s sales of the antibodies violated AsymmetRx’s rights in the commercial diagnostic field. The district court entered summary judgment in favor of Biocare, and AsymmetRx appealed.

Rule of Law

Issue

Holding and Reasoning (Lourie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership