in sequence definition
in sequence means the order in which the chemical processes of increasing levels of divalent cations and reducing phosphorylation take place and not to the order in which chemicals are added to produce those reactions; and “parthenogenic activation” refers to any form stimulating embryo development without the use of spermatozoa, even if carried out on a nuclear fused oocyte. From the evidentiary hearing held on claim construction, I make the following findings of fact. Plaintiff Infigen, Inc. is a corporation doing research in animal cloning procedures. Defendant Advanced Cell Technology, Inc. is a corporation engaged in the same kind of work. Defendant ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ has worked for defendant and for plaintiff’s predecessor and has recently founded a third company in Georgia to work in the field of animal cloning. The technology at issue involves the cloning of cattle, and transgenic cattle in particular. A transgenic cow is one that has had DNA introduced artificially into one or more of its cells. The value of such a cow is that it is capable of producing a transgene product, that is, one not naturally present in cattle, such as a pharmaceutical drug. Researchers hope to be able to manipulate cattle genes so that transgenic cattle will produce a transgene product in their milk that can be extracted from the milk or consumed with it. Producing a transgene product begins with a cloning phase One method of cloning is to start with an unfertilized egg, or oocyte, that has been isolated from a cow. The nucleus is removed, producing an enucleated oocyte. At this stage, the enucleated oocyte might be activated according to the method described in plaintiff’s ‘720 patent, after which a donor embryonic cell from a cow containing a desired nucleus that has been manipulated to contain new DNA inside it would be transferred to the activated oocyte and fused with it. Alternatively, the activation process would occur after the recipient oocyte has been fused with the donor cell. Whatever the sequence, the next step is to transfer the fused and activated cell to a culture medium. If and when the product develops into an embryo, it is transferred to the womb of a surrogate mother cow, to develop into a calf. The two processes are set out in chart form below:
in sequence means the order in which the chemical processes of increasing levels of divalent cations and reducing phosphorylation take place and to the order in which chemicals are added to produce these reactions; and “parthenogenic activation” refers to any form of stimulating embryo development without the use of spermatozoa, even if carried out on a nuclear fused oocyte. FURTHER, IT IS ORDERED that plaintiff Infigen, Inc.’s motion for partial summary judgment is GRANTED as to its claims that