Histogen wins summary judgment in biotech patent case
Clients Histogen Inc.
Jones Day won summary judgment of noninfringement for regenerative medicine company Histogen Inc. and its founder Gail K. Naughton, Ph.D. The Southern District of California granted summary judgment of noninfringement based upon its ruling that Histogen's cell culture methods using microcarrier beads were outside the claim scope of the patents-in-suit (US Patent Nos. 6,372,494 and 7,118,746). The Court previously issued its claim construction ruling for the term "culturing cells in three-dimensions" - setting the stage for Histogen's summary judgment victory. This ruling terminates the patent lawsuit in the district court in the defendants' favor.
SkinMedica, Inc. v. Histogen Inc., et al., Case No. 3-09-cv-00122 (S.D. Cal.) (Judge Sammartino)