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ARTICLE · 05 MAY 2025

D. Mass Patent Litigation Update: March 2025

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This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

United StatesIntellectual Property
Matthew C. Berntsen
Matthew C. Berntsen
Ryan P. Ponzi, Ph.D.
Ryan P. Ponzi, Ph.D.
Cerise Raffier
Cerise Raffier
Aspen Herman
Aspen Herman
Yi Yang
Yi Yang
Scott Forman
Scott Forman
Laura Johnson
Laura Johnson
Elizabeth Meade
Elizabeth Meade
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This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

In Chr. Hansen HMO GmbH v. Glycosyn LLC, No. 1:22-cv-11090-NMG, Judge Gorton accepted and adopted a Report and Recommendation of Chief Magistrate Judge Cabell and denied Counterclaim-Defendant Abbott Laboratories' motion for summary judgment of failure to join a necessary party in Glycosyn's patent infringement counterclaims against Abbott as Hansen's commercial distributor.

Abbott contended that Glycosyn cannot bring suit by itself because, while Glycosyn owns the asserted counterclaim patents, those patents have been exclusively licensed to Friedland Campina DOMO B.V. ("RFC") in a prior contract ("Agreement"). The Agreement gave RFC the exclusive right to sue for infringement for 120 days after notice of suspected infringement and to grant sublicenses (subject to approval by Glycosyn), after

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