Massachusetts Institute of Technology v. Shire

Goodwin represented MIT and the Children’s Medical Center Corporation in a dispute against Shire Pharmaceuticals, Inc. and Shire Regenerative Medicine, Inc. (collectively, “Shire”) for infringement of two patents concerning the production of a three-dimensional scaffolding that would allow pre-grown cells to produce organ tissue in a patient. Goodwin prevailed in the claim construction of the terms “vascularized organ tissue” and “cells derived from a vascularized tissue” before the District Court for the District of Massachusetts and Shire stipulated to a final judgment of validity and infringement so it could appeal this judgement. The Federal Circuit ultimately adopted Goodwin’s arguments that (a) the ordinary meaning of “vascularized organ tissue” as used in the specification includes skin as an organ; (b) that “cells derived from a vascularized tissue” must include both parenchymal and non-parenchymal (e.g., bone-forming) cells; and (c) given the ordinary meaning of “three-dimensional” and Shire’s own expert’s description of “three-dimensional scaffold,” it is not indefinite.

Massachusetts Institute of Technology v. Shire

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