AsymmetRx Must Add Harvard To IP Suit: Fed. Circ.

Law360, New York (September 21, 2009, 2:18 PM EDT) -- A federal appeals court has overturned a lower court’s decision that tossed AsymmetRx Inc.’s infringement suit against Biocare Medical LLC over patents covering cancer-detecting antibodies, finding that the patent owner, Harvard College, should have been included in AsymmetRx’s suit.

The U.S. Court of Appeals for the Federal Circuit on Friday vacated the district court’s grant of summary judgment against AsymmetRx after determining that Harvard did not convey the entire right to enforce the two patents-in-suit to AsymmetRx.

“Because we find that AsymmetRx may pursue its infringement...
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