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Invitrogen Corp. v. Biocrest Manufacturing L.P.

Case Number: CLB0101

Date: 10.05.2005

Infringement plaintiff’s use of claimed process for producing “transformable” cells in its own laboratories, more than one year before application for patent in suit was filed, was not “public use” that bars patentability, since plaintiff’s invention was not given or sold to “another,” or used to create product given or sold to another.

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SmithKline Beecham Corp. v. Apotex Corp.

Case Number: CLB0063

Date: 04.23.2004

Testing of claimed paroxetine hydrochloride (PHC) hemihydrate compound, designed to establish efficacy and safety of compound when used in antidepressant, was not experimental use, since antidepressant properties of compound are not claimed features of invention.

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