Parthenogenic activation Sample Clauses

Parthenogenic activation. The ‘720 patent claims a process for “in vitro parthenogenic activation of a bovine oocyte.” The patent defines “parthenogenic” as “the ‘production’ of embryonic cells, with or without eventual development into an adult, from a female gamete in the absence of any contribution from a male gamete (Xxxxxxx 1981).” ‘720 xxx., col. 2, In. 43-46. Although this definition is included in the “Description of Prior Art,” it is the only definition given in the patent specifications. Defendants argue that this definition cannot be read to cover the activation of a recipient oocyte containing a blastomere because by definition, a blastomere contains genetic material contributed by both a female and a male gamete. Oddly enough, despite having made this argument in their brief on claim construction, defendants say in their brief in opposition to plaintiff’s motion for partial summary judgment, that “defendants have activated only nuclear transfer embryos parthenogenically.” Br. at 7 (emphasis added). In making this statement and using “parthenogenically” to refer to the activation of a oocyte recipient that has had a blastomere fused to it, defendants seem to be conceding the very point they argue on claim construction. At the least, defendants’ statement is a strong indication that the term parthenogenic covers any activation that takes place without the use of sperm, whether the oocyte being activated has received a blastomere or is still waiting for one. This conforms to the logical reading of the definition, in which it is clear that it is the process (i.e., activation) that takes place in the absence of any contribution from a male gamete. Even if a blastomere is fused with the oocyte before activation, the male chromosomes in the blastomere do not play any role in the activation process. I conclude that production of embryonic cells is parthenogenic if the activation process does not involve spermatoza, regardless whether the recipient of activation contains male genetic material.