In a patent case involving claim methods for quantifying HIV in human blood samples, district court's judgment is affirmed in part and vacated and remanded in part where: 1) district court correctly found that Roche's counterclaim for a judgment on its ownership claim was subject to California statutes of limitation; and 2) district court's judgment of invalidity is vacated and remanded with instructions to dismiss Stanford's action as the district court incorrectly declined to consider Roche's affirmative defense based on ownership and as a matter of law Roche possesses an ownership interest in the patents-in-suit that deprives Stanford of standing.
Appeal from: United States District Court for the Northern District of California
Decided September 30, 2009
Opinion by Linn, Circuit Judge.
For Appellant: Ricardo Rodriguez, Cooley Godward Kronish LLP
For Appellee: Adrian R. Pruetz, Pruetz Law Group LLP