THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA v. ELI LILLY AND COMPANY et al

Filing 53

ORDER THAT CLAIMS 32 THROUGH 40 OF US PATENT NO. 7,625,558 ARE IMPROPER MULTIPLE DEPENDENT CLAIMS AND ARE INVALID UNDER 35 USC 112, 5. PLAINTIFF TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA'S COMPLAINT ALLEGING THAT DEFENDANTS INFRINGE OR HAVE INFRINGED CLAIMS 32 THROUGH 40 OF US PATENT 7,625,558 IS THEREFOR DISMISSED IN PART.. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/31/2016. 5/31/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THE TRUSTEES OF THE UNIVERSITY :
OF PENNSYLVANIA
:
:
vs.
:
:
ELI LILLY AND COMPANY,
:
IMCLONE LLC and BRISTOL:
MYERS SQUIBB COMPANY
:

CIVIL ACTION

NO. 15-6133

ORDER
AND NOW , this 31st

day of May, 2016, after careful consideration of

Defendants, Eli Lilly and Company, ImClone LLC and Bristol-Myers Squibb’s (collectively
“Defendants”) Motion to Dismiss Improper Multiple Dependent Claims 32-40 of U.S. Patent No.
7,625,558, (Doc. No. 21), and after reviewing the briefing and arguments relating to said
Motion, and deciding that the Motion is meritorious and acceptable, it is hereby ORDERED
that:
Claims 32 through 40 of U.S. Patent No. 7,625,558 are improper multiple
dependent claims and are invalid under 35 U.S.C. § 112, ¶5. Plaintiff, Trustees of the University
of Pennsylvania’s Complaint alleging that Defendants infringe or have infringed claims 32
through 40 of U.S. Patent No. 7,625,558, is therefore DISMISSED IN PART.
BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY,

SR. J.