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AMENDED MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT SAYLOR, District Judge. This is a patent infringement action involving a class of antibodies developed to treat certain auto-immune diseases. Plaintiffs Abbott GmbH & Co., KG; Abbott Bioresearch Center, Inc.; and Abbott Biotechnology Ltd. (collectively “Abbott”) and defendants Centocor Ortho Biotech, Inc and Centocor Biologies, Inc. (collectively “Centocor”) are pharmaceutical companies. Abbott and Centocor have both developed antibodies capable of treating diseases associated with the overproduction of a naturally-occurring protein in the human body called interleukin-12 (“IL-12”). Abbott seeks a judgment under 35 U.S.C. § 271 that its U.S. Patent No. 6,914,128 (the “'128 patent”) and U.S. Patent No. 7,504,485 (the “'485 patent”) are infringed by the drug Stelara, which Centocor manufactures. Centocor seeks declarations that Stelara does not infringe the patents and that the patents are invalid under 35 U.S.C. §§ 102,103, and 112. The parties are simultaneously before this Court on an appeal of a decision of the United States Patent and Trademark Office (“PTO”) Board of Patent Appeals and Interferences (“BPAI”) regarding essentially the same subject matter. On December 12, 2007, the BPAI declared an interference between Abbott’s '128 patent and Centocor’s pending Patent Application No. 10/912,994 for Stelara. That proceeding was instituted to determine priority of invention as between the parties and whether the '128 patent claimed material that was unpatentable under 35 U.S.C. §§ 102, 103, and 112. On August 6, 2009, the BPAI ruled for Abbott on these issues. Centocor has petitioned for judicial review of the interference decision pursuant to 35 U.S.C. § 146. This Court conducted a Markman hearing in the infringement action and issued its final claim construction decision on May 5, 2011, 2011 WL 1791684. The parties have now filed multiple cross-motions for summary judgment on the issues of validity and infringement. I. Background This case concerns the interrelation of two statutory causes of action as well as questions of infringement involving application of the claim construction to technical subject matter. A brief review of the relevant statutory, factual, and procedural background is therefore warranted. A. Statutory Background 1. Infringement Actions Under 35 U.S.C. § 271 Two statutes, 35 U.S.C. § 271 and 281, provide a patentee with a cause of action for damages and injunctive relief for patent infringement. Infringement analysis is a “two-step process in which the court first determines, as a matter of law, the correct claim scope, and then the fact-finder compares the properly construed claim to the accused device to determine, as a matter of fact, whether all of the claim limitations are present, either literally or by a substantial equivalent in the accused device.” IEX Corp. v. Blue Pumpkin Software, Inc., 122 Fed.Appx. 458, 464 (Fed.Cir.2005). Because “an invalid patent cannot be infringed,” Viskase Corp. v. American Nat’l Can Co., 261 F.3d 1316, 1323 (Fed.Cir.2001), a defendant in an infringement action may assert invalidity as an affirmative defense. However, a granted patent is “presumed valid,” 35 U.S.C. § 282, and this presumption may be rebutted only by “clear and convincing evidence,” Microsoft Corp. v. i4i Ltd. P’ship, — U.S.-, 131 S.Ct. 2238, 2242, 180 L.Ed.2d 131 (2011). See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (holding that “the elear-and-convincing standard of proof should be taken into account in ruling on summary judgment" motions”). 2. Interference Proceedings and Judicial Review Under 35 U.S.C. § 146 The Director of the PTO is authorized to declare and conduct interference proceedings by 35 U.S.C. § 135. The statute provides, in relevant part: Whenever an application is made for a patent which, in the opinion of the Director, would interfere with any pending application, or with any unexpired patent, an interference may be declared____The [BPAI] shall determine questions of priority of the inventions and may determine questions of patentability. Any final decision, if adverse to the claim of an applicant, shall constitute the final refusal by the [PTO] of the claims involved, and the Director may issue a patent to the applicant who is adjudged the prior inventor .... 35 U.S.C. § 135(a). At the beginning of an interference, the BPAI defines one or more “counts.” 37 C.F.R. § 41.203(b). A count is “the Board’s description of the interfering subject matter that sets the scope of admissible proofs on priority.” 37 C.F.R. § 41.201. It “corresponds to a patentable invention” and “may be identical to a single claim at issue or may be broader than the particular claims at issue.” Slip Track Sys., Inc. v. Metal-Lite, Inc., 304 F.3d 1256, 1263 (Fed.Cir.2002). The party that was first to file an application describing and enabling the “count” declared in the interference is designated the “senior party,” and the second the “junior party.” The junior party bears the burden of proving priority by a preponderance of the evidence. 37 C.F.R. § 41.207(a); Rexam Indus. Corp. v. Eastman Kodak Co., 30 Fed.Appx. 983, 985 (Fed.Cir.2002). Once an interference is properly declared, a priority determination is mandatory. See Guinn v. Kopf, 96 F.3d 1419, 1421-22 (Fed.Cir.1996). A patentability determination, if fairly raised and fully developed before the BPAI, is “nearly mandatory.” In re Gartside, 203 F.3d 1305, 1317 (Fed.Cir.2000); see also Perkins v. Kwon, 886 F.2d 325, 328-29 (Fed.Cir.1989) (interpreting the phrase “may determine questions of patentability” to require a determination unless patentability is not placed at issue); Koninklijke Philips Elecs. N.V. v. Cardiac Sci. Operating Co., 590 F.3d 1326, 1334 (Fed.Cir.2010) (citing Perkins, 886 F.2d at 328). Once the BPAI has rendered a final decision, Section 146 of the Patent Act authorizes an aggrieved party to seek review of that decision in federal district court. The statute provides: Any party to an interference dissatisfied with the decision of the [BPAI] on the interference, may have remedy by civil action.... Such suit may be instituted against the party in interest as shown by the records of the [PTO] at the time of the decision complained of, but any party in interest may become a party to the action.... Judgment of the court in favor of the right of an applicant to a patent shall authorize the Director to issue such patent on the filing in the [PTO] of a certified copy of the judgment and on compliance with the requirements of law. 35 U.S.C. § 146. “District court review of an interference proceeding under Section 146 is an equitable remedy of long standing.” General Instrument Corp. v. Scientific-Atlanta, Inc., 995 F.2d 209, 214 (Fed.Cir.1993). An action in district court pursuant to Section 146 takes the form of a “hybrid appeal/trial de novo proceeding in which the PTO record is admitted on motion of either party [but] may be supplemented by further testimony.” Human Genome, 552 F.Supp.2d at 468 (quoting General Instrument, 995 F.2d at 212). To the extent that no new evidence is presented in the Section 146 action, the district court reviews the factual findings of the BPAI for “substantial evidence,” the standard applicable to review of agency fact-finding under the Administrative Procedure Act. Dickinson v. Zurko, 527 U.S. 150, 152, 119 S.Ct. 1816, 144 L.Ed.2d 143 (1999). However, if the parties do introduce new evidence in the form of live testimony before the district court, its review of the BPAPs determinations is de novo. Winner Int’l Royalty Corp. v. Wang, 202 F.3d 1340, 1345 (Fed.Cir.2000). Although it has some aspects of a trial, a Section 146 action “is not a new claim, but an authorized phase of the interference proceeding that is conducted by the PTO and is subject to judicial review.” Vas-Cath, Inc. v. Curators of the Univ. of Mo., 473 F.3d 1376, 1382 (Fed.Cir.2007); Rexam Indus. Corp. v. Eastman Kodak Co., 182 F.3d 1366, 1370 (Fed.Cir.1999) (stating that a Section 146 action is “derivative of the interference conducted in the PTO.”). B. Factual Background The following facts are undisputed except where otherwise noted. 1. Human IL-12 and Recombinant Antibodies to It IL-12 is a member of a family of naturally occurring human proteins, called cytokines. It assists the immune system by binding to receptors on the surfaces of certain cells as part of the body’s inflammation response to infection. Structurally, IL-12 is composed of two smaller molecules, a p35 subunit and a p40 subunit. In some individuals, the body can overproduce IL-12, causing auto-immune diseases such as psoriasis, where the body’s immune system chronically targets healthy human tissue instead of foreign contaminants. One way of treating such diseases is by inhibiting or blocking the effects of IL-12 through the use of antibodies. Antibodies are proteins that attach themselves to a target molecule — called an “antigen” for that antibody — by binding with a portion of that antigen called an “epitope.” The immune system produces antibodies that typically target antigens such as viruses, foreign bacteria, or other foreign substances, but an antibody may also target a non-foreign antigen such as IL-12. The ability of an antibody to bind to a specific antigen is determined by its molecular structure. All antibodies share a general structure consisting of two identical “heavy” chains and two identical “light” chains that are joined together in a “Y” shape. Some portions of these protein chains are constant, meaning that the same sequences of amino acids appear in all antibodies. Other segments vary, but are constant for all antibodies of a given animal species, allowing the immune system of that species to distinguish its own antibodies as from foreign substances. Finally, certain portions of those segments that appear at the tips of the “Y” vary in each antibody. These areas — known as Complementarity Determining Regions (“CDRs”) — determine whether, and how effectively, an antibody will bind to a given antigen. ■ The immune system naturally develops antibodies as a response to a foreign antigens in the body. A class of white blood cells called B cells assemble the DNA sequences that encode those antibodies out of component antibody genes. These component genes are germline DNA sequences, meaning that they are part of the person’s DNA that is inherited from his or her parents. The B cells produce a large variety of antibodies from a limited pool of germline antibody genes by splicing and rearranging those genes in a process called recombination. Further antibody diversity is achieved through a process called N-nucleotide addition. N-nucleotides are short segments of DNA that is “non-template,” meaning that it is not part of any germline DNA sequence. In N-nucleotide addition, individual N-nucleotides are added at the junctions where the segments of spliced antibody genes are rejoined. This assembly and mutation process adds variation to the DNA that encodes the variable regions of antibodies, allowing the creation of a large array of antibodies with unique binding properties. B cells that assemble effective antibodies then proliferate and produce more antibodies; by binding to their target, these antibodies allow the immune system to destroy or remove it from the body. Because, however, IL-12 is a non-foreign, human protein, the immune system does not naturally produce antibodies against it. Treatment of the over-production of IL-12 therefore requires the artificial creation of such antibodies. The subject matter of Abbott’s '128 and '485 patents is a set of antibodies for IL-12 developed through genetic engineering techniques. Likewise, Stelara contains an antibody developed by Centocor that, while structurally distinct from the antibodies described in Abbott’s patents, also targets human IL-12. 2. Methods for Engineering Antibodies for IL-12 To be safe and effective as a treatment for the overproduction of a human antigen like IL-12, an antibody must share certain general characteristics with naturally-occurring human antibodies. If it does not, the antibody may be recognized by the body as foreign and thereby itself become the target of a potentially dangerous immune response. Although several methods exist for developing artificially engineered antibodies to a human antigens, not all methods result in “human” antibodies that are safe for treatment. An early method for artificially creating an antibody to a human antigen was to inject the antigen into a non-human species, typically a mouse. B cells in the mouse would then develop antibodies to what the mouse’s immune system perceived as a foreign antigen. An antibody produced in this way is not human, but murine, and so it has limited usefulness for treatment. An alternative method is to create a “chimeric antibody” by taking a non-human antibody that has variable regions capable of targeting the human antigen and then substituting a human constant region into that antibody. Chimeric antibodies are less likely to be recognized as foreign by a patient’s body; the risk of an adverse reaction to treatment is therefore lower. Another method is to create a “humanized antibody” by grafting human DNA that encodes the antibody’s constant regions onto murine genes corresponding to its CDRs. A humanized antibody exhibits the desired binding characteristics while containing minimal amounts of nonhuman genes in its DNA. Nonetheless, because it does contain some murine variable regions, a humanized antibody is not fully human and does not eliminate the risk of adverse responses in human patients. Two technologies allow the development of “fully human” antibodies that target human antigens with minimal risk of triggering adverse immune reactions. The first method, phage display technology, involves the use of bacteria that have been transfected with viral DNA that contains DNA corresponding to human antibody variable regions. The bacteria create viruses that have those variable regions expressed as proteins on their surfaces. The viruses that display antibody proteins with desired binding properties are screened (or “panned”) by bringing them in contact with the target antigen and removing those that bind to it. The DNA encoding the corresponding antibody is then isolated and replicated. An antibody produced by this method is “recombinant,” meaning that it is created by splicing and recombining DNA. The second method for producing human antibodies harnesses the immune system of a transgenic mouse. In a transgenic mouse, some of the genes that encode its antibodies have been replaced with human antibody genes. When a human antigen such as IL-12 is introduced into a transgenic mouse, the animal’s immune system may recognize the antigen as foreign and develop antibodies that target it. If the mouse’s B cells assemble an antibody using the human antibody genes substituted into the mouse’s DNA, the resulting antibodies will correspond primarily to that human germline DNA. As in human B cells, however, some, alterations to that DNA will occur through N-nucleotide addition in the assembly process. Nonetheless, because the genes from which the transgenic animal’s B cells build the antibody are human, the resulting antibody will be unlikely to trigger adverse immune responses in human patients. Antibodies with desired binding properties can then be reproduced using what is known as the hybridoma technique, by which B cells producing those antibodies are harvested from the spleen of the transgenic mouse and fused to cancer-cell lines that, when grown in culture, secrete the antibodies. 3. Binding and Neutralizing Properties of Antibodies To be effective in treating diseases caused by over-produced IL-12, an antibody produced by the methods previously described must possess several characteristics. One such characteristic is “specificity” to IL-12. An antibody is highly specific to an antigen if it attaches only to that antigen. An antibody with low specificity can be less effective because some of the antibody attaches to other substances, reducing the amount available to neutralize the target antigen and potentially causing unwanted side effects. Two other desirable characteristics of an antibody are “affinity” and “neutralizing” ability. “Affinity” is the strength with which an antibody binds, or attaches, to a target antigen. “Neutralizing” ability is the capability of that antibody to inhibit one or more biological activities of the antigen to which it binds. Although high affinity is commonly associated with neutralizing ability, an antibody may have high affinity but be non-neutralizing. One measure of affinity is the dissociation constant, or “Kd” value, of the antibody-antigen interaction. Antibody-antigen interactions are dynamic, and the ongoing association and dissociation of antibodies and antigens is measured in terms of kinetic rate constants. The rate at which antibodies detach from the target antigen is commonly referred to as while the rate at which they attach to that antigen is the “kon” value of the interaction. Kd is calculated from measurements of the rate constants according to the formula Kd = koff / kon. This ratio describes the overall binding affinity of the antibody and antigen. The kon and koff values of an antibody-antigen interaction may be measured using an optical phenomenon called surface plasmon resonance (“SPR”). SPR testing can be conducted using a BIAcore instrument, which consists of a light source, a sensor chip with a gold film, a flow channel, and an optical detection unit. To test the interaction of an antibody and antigen, the antibody is immobilized on the sensor chip surface while a solution containing the antigen is passed over the chip through the flow channel. As the antigen binds and dissociates from the immobilized antibody, optical SPR changes occur and are measured by the detector. From these data, the experimenter can calculate kon and ko{f values for the interaction. Accurate measurement of binding properties using SPR requires appropriate test conditions. These conditions are controlled by adjusting certain experimental conditions. Two such parameters are “flow rate” and “antibody surface density.” Flow rate, the rate at which the antigen solution is passed over the sensor surface, is measured in micro-liters per minute (pj/mm). Antibody surface density, which refers to the amount of immobilized antibody on the sensor chip surface, is measured in “resonance units” (“RUs”). The neutralizing ability of an antibody can be measured in terms of its “IC50” value, the concentration of that antibody required to cut the biological activity of the target antigen in half. One method for determining the IC50 of an antibody to IL-12 that is particularly relevant here is the receptor-binding assay (“RBA”). RBAs rely on the knowledge that IL-12 binds to certain receptor proteins to test the ability of an antibody to prevent IL-12 from binding to those receptors. By measuring the amount of such binding in the presence and absence of an antibody, a scientist can determine the IC50 for that antibody as a neutralizing agent for IL-12. 4. Development of IL-12 Antibodies by Abbott The IL-12 antibodies described in the '128 and '485 patents were developed using phage display technology in a collaboration of three separate companies: BASF BioResearch Corporation (a predecessor to Abbott, which for the sake of convenience will be referred to as “Abbott”), Genetics Institute (“GI”), and Cambridge Antibody Technology (“CAT”). During a meeting on July 13,1993, three Abbott scientists — Drs. Salfeld, Tracey, and Banerjee — suggested antibodies that specifically bind to IL-12 as a potential target for research. A memorandum was circulated identifying these antibodies as a research priority. In August 1993, Abbott entered into a research agreement with CAT for the development of antibodies to human antigens. In 1995, GI joined the partnership specifically for the purpose of developing an antigen to IL-12. At least 22 scientists employed by the three companies would eventually be named as inventors on the patents that resulted from the IL-12 project. In late 1995 and early 1996, researchers working on the project identified several antibodies with the ability to bind to IL-12. These antibodies, known as the Joe 7, 9, and 10 antibodies, respectively, were subsequently used to develop antibodies for IL-12 with higher affinity and neutralizing effect. Laboratory manipulation of the amino-acid sequences of Joe 9 eventually yielded an antibody called Y61, which had substantially improved ability to bind to and neutralize IL-12. Further experimentation led to the discovery of an antibody known as J695, which binds to and neutralizes IL-12 to a degree that makes it effective for treatment. On March 25, 1999, Abbott filed a provisional application for a patent on human antibodies that specifically bind to human IL-12. On March 24, 2000, it filed a related application, U.S. Patent Application 09/534,717, that described numerous antibodies that bind to and neutralize IL-12. The application set forth 74 claims covering antibodies that share with the disclosed antibodies particular binding properties in relation to IL-12. The PTO granted the application as the '128 patent on July 5, 2005. At some time during the development of the antibodies for IL-12 disclosed in the '128 patent, Abbott became aware that those antibodies also bind to another human cytokine, interleukin-23 (“IL-23”). IL-23 contains the same p40 subunit that exists in IL-12, but with a pl9 subunit forming its second half instead of the p35 subunit contained in IL-12. Some of the disclosed antibodies that bind to an epitope located on the p40 subunit of IL-12 also bind to that subunit of IL-23. On July 1, 2004, Abbott filed U.S. Patent Application 10/884,830 as a divisional of the 09/534,717 application. The new application claimed antibodies that bind to IL-12, IL-23, or any antigen that shares certain components or features of those interleukins. Abbott amended the application on January 4, 2007, and the PTO granted the amended application as the '485 patent on March 17, 2009. Abbott currently has an antibody product within the scope of its patents called ABT-874, or briakinumab. The drug, which treats psoriasis and other diseases by targeting IL-12 and IL-23, is in late-stage clinical trials. 5. Development of Stelara In approximately March 1997, Centocor scientists, under the direction of Jill GilesKomar, began work on developing a fully human neutralizing antibody to IL-12 using transgenic mouse technology. On September 4, 1997, one scientist on the team identified a hybridoma that produced an antibody that binds to IL-12; that antibody was later named ustekinumab. By February 25, 1998, Centocor scientists had created a pharmaceutical composition of ustekinumab. No later than April 30, 1998, Ms. Giles-Komas confirmed that the antibody had the desired binding and neutralizing characteristics. Like J695 and other antibodies described in the '128 and '485 patents, ustekinumab binds to the p40 subunit of IL-12. Further experimentation on ustekinumab followed. On August 7 and September 29, 2000, Centocor filed provisional patent applications claiming human, neutralizing antibodies to IL-12. It filed a non-provisional application on the subject matter on August 1, 2001. On August 6, 2004, it filed U.S. Patent Application 10/912,994 as a divisional of the 2001 application. Centocor has since developed Stelara, a drug based on ustekinumab that Abbott contends infringes its patents. Stelara has received FDA approval for use in the United States. C. Procedural Background On December 12, 2007, the BPAI declared an interference between Abbott’s '128 patent and Centocor’s still-pending U.S. Patent Application 10/912,994. It instituted a proceeding to determine priority under Section 102(g), obviousness under Section 103, and patent validity under the written description, enablement, and definiteness requirements of Section 112. The interference included a single count, which the PTO defined as “[a]n isolated human antibody according to claim 1 of U.S. Application 10/912,994 or claim 1 of U.S. Patent 6,914,128.” (Oyloe Ex. 21, Interference Decl. at 5). Claim 1 of the '994 application claimed an “isolated mammalian anti-IL-12 antibody,” while claim 1 of the '128 patent claimed an “isolated human antibody ... that binds to human IL-12.” On August 6, 2009, the PTO Board ruled for Abbott on all issues raised in the interference. On August 10, 2009, Abbott filed suit against Centocor in this Court, alleging that the sale of Stelara infringed upon the '128 and '485 patents. On August 28, 2009, Centocor instituted actions in the District Court for the District of Columbia challenging the PTO Board’s ruling pursuant to 35 U.S.C. § 146 and seeking declarations of non-infringement and invalidity of Abbott’s '128 and '485 patents. In accordance with the “first-filed” rule, this Court denied Centocor’s motion to transfer the infringement action to the District of Columbia, while that court granted Abbott’s motion to transfer the Section 146 and declaratory judgment proceedings here. This Court then consolidated the infringement and declaratory judgment actions for all purposes and consolidated all three actions for purposes of discovery. After conducting a Markman hearing with respect to the construction of the relevant claims, this Court issued its original claim construction order on March 15, 2011, 2011 WL 948403. The parties have now filed multiple cross-motions for summary judgment. The first set of motions concerns Centocor’s contention that the claims in Abbott’s patents that are asserted against it are invalid. The second set addresses whether Stelara infringes the asserted claims of the patents. II. Standard of Review Summary judgment is appropriate when the pleadings, the discovery and disclosure materials on file, and any affidavits show that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(a). “Essentially, Rule 56[ ] mandates the entry of summary judgment ‘against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.’ ” Coll v. PB Diagnostic Sys., 50 F.3d 1115, 1121 (1st Cir.1995) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). In making that determination, the Court views “the record in the light most favorable to the nonmovant, drawing reasonable inferences in his favor.” Noonan v. Staples, Inc., 556 F.3d 20, 25 (1st Cir.2009). “Cross motions for summary judgment neither alter the basic Rule 56 standard, nor warrant the grant of summary judgment per se. Cross motions simply require us to determine whether either of the parties deserves judgment as a matter of law on facts that are not disputed. As always, we resolve all factual disputes and any competing, rational inferences in the light most favorable to the party against whom summary judgment has entered.” Wightman v. Springfield Terminal Ry., 100 F.3d 228, 230 (1st Cir.1996) (internal citations omitted). III. Analysis After this Court issued its claim construction decision, the parties filed twelve motions, which are summarized in the following table: ■ Plaintiffs’ Motion_Defendants’ Motion_Subject Matter_ Summary Judgment Motion Whether the BPAI interfer- # 2: that defendants are col- ence precludes raising laterally estopped from alleg- validity issues in this action ing invalidity of the '128 patent_ Summary Judgment Motion Summary Judgment Motion Validity of '128 and '485 # 3: that claim limitations re- #1: that the Kd claims are patents under 35 U.S.C. lating to surface plasmon res- indefinite § 112, ¶ 2 onance are not indefinite_ Summary Judgment Motion Validity of '128 and '485 pat- # 7: that all asserted claims ents under 35 U.S.C. § 112, _lack written description_¶1_ Summary Judgment Motion Validity of the '485 patent # 3: that the pl9 claims lack under 35 U.S.C. § 112, ¶ 1 ___written description_ Summary Judgment Motion Summary Judgment Motion Validity of '128 and '485 pat- # 4: that the named inven- # 5: that the Joe antibodies ents under 35 U.S.C. § 102(f) tors’ own work is not “secret qualify as prior art and (g)(2) prior art” _ Summary Judgment Motion Validity of '128 and '485 pat- # 6: that Stelara anticipated ents under 35 U.S.C. all asserted claims and/or § 102(g)(2) _composition claims_ Summary Judgment Motion Summary Judgment Motion Whether Stelara infringes # 1: infringement of k0ff # 2: non-infringement of all the '128 and '485 patents claims_asserted claims_ Summary Judgment Motion Whether Stelara infringes # 1: non-infringement of Kd the '128 and '485 patents _claims_ Summary Judgment Motion Whether Stelara infringes #4; non-infringement of re- the'128 patent _ceptor binding assay claims_ Motion in limine to Exclude MACE Evidence Whether evidence is admissible at trial_ The Court will address these motions in the order presented above. A. Issue Preclusion Abbott contends that Centocor is precluded from raising invalidity of the '128 patent as a defense in this action because it raised invalidity of the patent during the interference proceeding and lost. In alternative, Abbott contends that Centocor is at least barred from raising the specific arguments for invalidity that it made before the BPAI. Under the doctrine of issue preclusion, the decision of one tribunal precludes re-litigation of the same issue in a subsequent lawsuit if “(1) the issue sought to be precluded in the later action is the same as that involved in the earlier action; (2) the issue was actually litigated; (3) the issue was determined by a valid and binding final judgment; and (4) the determination of the issue was essential to the judgment.” Ramallo Bros. Printing, Inc. v. El Dia, Inc., 490 F.3d 86, 90 (1st Cir.2007). In patent actions, courts have held that issue preclusion bars a litigant in an infringement action from raising issues that it has previously litigated and lost in another infringement action. In Blonder-Tongue Labs., Inc. v. University of Ill. Found., 402 U.S. 313, 332-33, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971), the Supreme Court established that the doctrine of non-mutual estoppel bars a patentee from asserting patent claims against one defendant if those claims have been held invalid in a previous infringement action against a different defendant. Conversely, a decision upholding the validity of a patent in one infringement action bars the same defendant from challenging validity of the same patent in a subsequent infringement action. See Pall Corp. v. Fisher Scientific Co., 962 F.Supp. 210, 214 (D.Mass.1997). Those applications of issue preclusion are relatively straightforward, because the cases in which they apply involve only the effect of the decision in one infringement action on another subsequent infringement action. This case presents a more complicated situation. The validity issues that Centocor raised in this infringement action have previously been litigated not in a previous judicial action of the same form, but in a BPAI interference proceeding. Moreover, the same issues are simultaneously implicated in the concurrently pending Section 146 action in which Centocor is appealing the decision of the BPAI. The question before this Court is therefore how issue preclusion should operate in this unique procedural posture. In its original briefs, Abbott argued only that Centocor was precluded from asserting invalidity by the BPAI decision. In response to the Court’s request for further briefing on the significance of the pending Section 146 action, it has also asserted that the Section 146 proceeding may also have preclusive effect in this action. This memorandum will address the preclusive effect of each proceeding in turn. 1. BPAI Interference Decision The Patent Act’s unusual conglomeration of administrative and judicial processes in the adjudication of patent validity complicates the applicability of the doctrine of issue preclusion in this case. The BPAI’s status as an administrative agency alone does not prevent its decision from precluding certain issues in this action; a judgment by an agency can have preclusive effect in subsequent lawsuits if the parties had a “full and fair opportunity to litigate” and the agency rendered the decision while acting in a “judicial capacity.” United States v. Utah Constr. & Min. Co., 384 U.S. 394, 422, 86 S.Ct. 1545, 16 L.Ed.2d 642 (1966). When this is true, the agency judgment will ordinarily have preclusive effect, provided that the prerequisites for preclusion outlined in Ramallo are present. Global NAPs, Inc. v. Massachusetts Dep’t of Telecomm. & Energy, 427 F.3d 34, 44 (1st Cir.2005) (stating, in dicta, that requirements for preclusion were not present in an administrative action, but ruling on other grounds); Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3, 7 (1st Cir.1992) (applying requirements for issue preclusion to find that an agency decision did have preclusive effect). The Court finds that, in the procedural posture of this lawsuit, the BPAI decision does not meet the third Ramallo requirement because it is not yet a “binding final judgment.” Ramallo, 490 F.3d at 90. Whether a decision is sufficiently final to warrant preclusive effect turns on whether the parties had a “full and fair opportunity to litigate a matter,” such that “the litigation of a particular issue has reached such a stage that a court sees no really good reason for permitting it to be litigated again.” O’Reilly v. Malon, 747 F.2d 820, 823 (1st Cir.1984). Here, the BPAI decision remains subject to reconsideration in the pending Section 146 action. Abbott insists that the BPAI decision is final notwithstanding the pending Section 146 action because that action is merely a form of appeal. Generally, the pendency of an appeal in a prior judicial action does not prevent the decision in that action from having the effect of issue preclusion. Pharmacia & Upjohn Co. v. Mylan Pharm., Inc., 170 F.3d 1373, 1378-79 (Fed. Cir.1999). However, although Section 146 is typically referred to as a means to “appeal” decisions of the BPAI, the statute in fact creates a more complicated form of action — what the Federal Circuit has called a “hybrid of an appeal and a trial de novo.” Winner, 202 F.3d at 1345 (quoting Estee Lauder Inc. v. L’Oreal, S.A., 129 F.3d 588, 592 (Fed.Cir.1997)). Indeed, where live testimony (which cannot be presented before the BPAI) is offered in a Section 146 action, the entire proceeding becomes a trial de novo, in which the district court “treat[s] the record before the Board when offered by a party ‘as if it was originally taken and produced’ in the district court.” Winner, 202 F.3d at 1347 (quoting 35 U.S.C. § 146). Because this statutory scheme creates a possibility of a de novo trial based on new evidence to resolve validity issues that were first decided by the BPAI, the decision of that administrative body cannot be a “binding final judgment” with preclusive effect in this infringement action. This conclusion is consistent with cases in which courts have held that certain BPAI decisions had preclusive effect. Those cases are limited to situations where the party that lost before the agency declines to seek judicial review of the interference decision within the period for review prescribed by Section 146 and its implementing regulations. See 35 U.S.C. § 146; 37 C.F.R. § 1.304 (establishing two-month limitations period for filing Section 146 action for review of interference decision). Once the period for review has elapsed, courts have deemed the BPAI decision to have “the same finality as the judgment of ... the courts would have had if one of them had reviewed it.” Coakwell v. United States, 292 F.2d 918, 920 (Ct.Cl. 1961); see also William T. Burnett & Co. v. General Tire & Rubber Co., 609 F.2d 512, 203 U.S.P.Q. 801, 802 (4th Cir.1979) (“Resolution of this controversy rests upon the determination by Burnett not to pursue its various contentions in a suit to review the decision in the Interference, as permitted by statute.”); see also Meritor Transmission Corp. v. Eaton Corp., 2006 WL 3951711, at *7 (W.D.N.C. Sept. 26, 2006) (“Defendant chose not to appeal the Board’s judgment and, therefore, the Board’s judgment became final [for purposes of issue preclusion.]”). These cases thus support the proposition that a BPAI decision becomes a “final judgment” only after it has been reviewed or after the passing of the limitations period bars the losing party from seeking review in court. However, this case comes to the Court in a different posture. Not only did Centocor file a timely Section 146 action after it lost in the PTO, but that action is currently pending before this Court. Only one case brought to the Court’s attention directly addresses issue preclusion in this context. In Streck v. Research & Diagnostic Sys., 2010 WL 519817 (D.Neb. Feb. 5, 2010), Streck brought an infringement action against R & D during the pendency of a PTO interference proceeding to which they were both parties. Five days after the jury returned a verdict in favor of Streck, the BPAI ruled in favor of R & D on the issue of priority and thereby invalidated Streck’s patent. Streck then brought a timely Section 146 action for review of the interference decision in the same district court that had heard the infringement action. R & D filed a motion to vacate the judgment in the infringement action and stay that proceeding pending resolution of the Section 146 action, “based on its contention that the Board’s priority decision operates to collaterally estop Streck from enforcing the court’s judgment.” Id. at *1. The district court denied R & D’s motion, reasoning that, “Streck has challenged the decision of the Board under 35 U.S.C. § 146 in an action presently pending in this court.... Accordingly, the decision of the Board is not a final decision and cannot be accorded collateral estoppel effect.” Id. It subsequently reversed the BPAI and found the patent valid, as the jury had. Streck, Inc. v. Research & Diagnostic Sys., Inc., 744 F.Supp.2d 970, 986 (D.Neb.2010).' This Court agrees with the court in Streck that a BPAI decision is not a “final judgment” for purposes of issue preclusion during the pendency of a Section 146 action appealing that decision. Here, because Centocor has asserted its statutory right to judicial review of the interference decision, that decision is likewise not a final judgment. The availability of plenary review of the BPAI decision under Section 146 means, in the language of one early patent decision, that the administrative decision has not yet been "fortified by judicial decree or judgment or acquiescence.” Minneapolis Harvester Works v. McCormick Harvesting-Mach. Co., 28 F. 565, 566 (C.C.D.Minn.1886) (denying motion for preliminary injunction in infringement action where injunction would be based on interference decision regarding validity, on the grounds that the interference decision alone was “far from res adjudicata”). Thus, because the BPAI decision is not yet a “final judgment,” it does not preclude Centocor from raising invalidity defenses in this infringement action. See Ramallo Bros., 490 F.3d at 90. 2. Section 146 Action Abbott argues that because the Section 146 action would have preclusive effect if it were concluded before the infringement action began, the • Court has discretion to decide validity first in the Section 146 action, with the effect of precluding the issue in the infringement trial. For the - following reasons, the Court will not exercise its discretion in this way because doing so would inappropriately impair Centocor’s right to have this issue decided by a jury. • The Seventh Amendment provides that “[i]n Suits at common law ... the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined.... ” Analysis of whether there is a Seventh Amendment right to jury trial of a given claim generally hinges on whether the claim was considered one “at common law” or one “at equity” at the time of the adoption of the amendment. See, e.g., Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340, 348, 118 S.Ct. 1279, 140 L.Ed.2d 438 (1998). Here, the infringement action constitutes a legal action to which the right to a jury attaches, while the Section 146 action is an equitable proceeding ordinarily subject to trial by the court. Markman v. Westview Instruments, Inc., 517 U.S. 370, 377, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) (“[I]nfringement cases ... must be tried to a jury.”); General Instrument, 995 F.2d at 214 (“[RJeview of an interference proceeding under Section 146 is an equitable remedy of long standing.”). It therefore seems clear that, had the Section 146 action been concluded before Abbott filed this lawsuit, validity determinations in that prior equitable proceeding would have preclusive effect here. If the Court invalidated the patent in the Section 146 action, the former patentee would have no right to instigate a subsequent infringement action at all. See 35 U.S.C. § 281. Alternatively, if the Court found that Centocor did not prove invalidity by a preponderance of the evidence, Centocor would be unable to prove invalidity in the infringement action under the clear-and-convincing standard because the finding in the earlier action would logically preclude its success under the higher standard in the later one. Thus, the determination of the Section 146 action, by the Court before the infringement action is tried by a jury would, in effect, curtail Centocor’s right to have certain factual issues decided by a jury. In Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959), the Supreme Court addressed the applicability of the Seventh Amendment right to a jury trial in circumstances where a court is simultaneously confronted with both equitable and legal claims that share common factual issues. In that case, the defendant answered the plaintiffs equitable claim for injunctive relief with a legal counterclaim for damages. The district court severed the two sets of claims for trial pursuant to Fed.R.Civ.P. 42(b) and conducted a bench trial on the equitable claim first. It was apparently understood that this arrangement “might, through collateral estoppel, prevent a full jury trial” on the legal counterclaim. Id. at 505, 79 S.Ct. 948. The court then granted summary judgment with respect to the legal claims, reasoning that its factual determinations in the bench trial would preclude a jury trial on the same issues. Id. at 503-04, 79 S.Ct. 948. The Supreme Court held that “the use of discretion by the trial court under Rule 42(b) to deprive Beacon of a full jury trial on its [legal claims] ... cannot be justified.” Id. at 508, 79 S.Ct. 948. It reasoned that “only under the most imperative circumstances ... can the right to a jury trial of legal issues be lost through prior determination of equitable claims.” Id. at 510-11, 79 S.Ct. 948; see also Dairy Queen, Inc. v. Wood, 369 U.S. 469, 479, 82 S.Ct. 894, 8 L.Ed.2d 44 (1962) (holding that when legal claims involve factual issues that are “common with those upon which [a party’s] claim to equitable relief is based, the legal claims involved in the action must be determined prior to any final court determination of [the] equitable claims”). Of course, the equitable and legal claims related to validity that are at issue here do not arise in the same action. Rather, the infringement action and the Section 146 action were filed separately, in different courts, and by different parties (Abbott filed the infringement action, while Centocor filed the Section 146 action). Abbott argues that where equitable and legal claims are not raised within the same action, the decision in Parklane Hosiery, 439 U.S. 322, 99 S.Ct. 645 (1979), requires that the final resolution of common factual issues in a bench trial on the equitable claim will preclude their subsequent trial by jury on the legal claim. In Parklane Hosiery, a stockholder’s class action was brought against a corporation on allegations that the corporation issued a false and misleading proxy statement. 439 U.S. at 325, 99 S.Ct. 645. Before that legal action reached trial, the Securities and Exchange Commission brought suit against the same corporation based on substantially similar factual allegations. Id. Although the two cases were filed in the same district, they were assigned to different judges. See Shore v. Parklane Hosiery Co., Inc., 565 F.2d 815, 816-18 (2d Cir.1977). A bench trial was held in the SEC suit, and the district court found that the proxy statement was materially false and misleading. Parklane Hosiery, 439 U.S. at 325, 99 S.Ct. 645. The plaintiffs in the stockholder action then filed for summary judgment that the corporation was precluded from re-litigating the same issue in that suit. Id. On appeal, the Second Circuit held, and the Supreme Court affirmed, that the Seventh Amendment was not violated by the preclusion of issues in the jury trial by the previous determination of those issues in the equitable proceeding. Id. at 325, 335, 99 S.Ct. 645. It distinguished Beacon Theatres as establishing “no more than a general prudential rule” that “the trial judge has only limited discretion in determining the sequence of trial and ‘that discretion ... must, wherever possible, be exercised to preserve jury trial.’ ” Id. at 334, 99 S.Ct. 645 (quoting Beacon Theatres, 359 U.S. at 510, 79 S.Ct. 948). This case, however, is distinguishable from Parklane Hosiery, and the “prudential rule” of Beacon Theatres is the guiding principle best suited to its unusual procedural posture. In Parklane Hosiery, the legal and equitable suits were each brought by a different plaintiff (the stockholder class and the SEC, respectively). The two actions were heard before separate judges, and so the fact that the equitable action was resolved first was a matter of chance rather than the result of considered judicial discretion. Thus, the holding in Parklane Hosiery concerned only whether the Seventh Amendment required a limitation on the finality and preclusive effect of factual findings from a concluded equitable action in an ongoing legal action in another court. Here, by contrast, the consolidation of two suits between Abbott and Centocor operates more like a single, albeit complex, proceeding. The parties acknowledge that as a procedural matter, it is within this Court’s discretion to hold the infringement trial before, after, or concurrently with its determination of the Section 146 appeal. The issue is therefore not whether certain applications of issue preclusion may, under some circumstance, conflict with the Seventh Amendment, but whether constitutional considerations should lead the Court to order the trials in one manner as opposed to another. This matter of case management is precisely the kind of discretionary judgment that, under Beacon Theatres, “must, wherever possible, be exercised to preserve jury trial.” Beacon Theatres, 359 U.S. at 510, 79 S.Ct. 948. Because Beacon Theatres precludes the discretionary severance for trial of an equitable claim from a legal claim between the same parties under Fed.R.Civ.P. 42(b), it would be odd if this Court could cut off one party’s right to a jury simply by the discretionary manner in which it consolidates and manages these actions under Rule 42(a). Other courts considering the interplay between equitable and legal claims in patent actions have likewise managed such “mixed” cases so as to preserve the right to have facts determined by a jury. See Shum v. Intel Corp., 499 F.3d 1272, 1279 (Fed.Cir.2007) (holding that district court erred in holding bench trial on inventor-ship claim and subsequently granting summary judgment in state-law claims that depended on common factual disputes); Herman v. William Brooks Shoe Co., 1998 WL 832609, at *4 (S.D.N.Y. Dec. 1, 1998) (holding that factual issues common to an inequitable conduct and a validity claim must be tried by a jury). Granted, those cases involved claims that were raised within the same action (that is, in a single complaint or its answer). Abbott emphasizes this point in support of its position that Beacon Theatres has no relevance where concurrent but separate actions present a court with both legal and equitable means for resolving common facts. However, the Supreme Court’s reliance in Parklane Hosiery on a distinction between claims within one action and those in separate actions reflected not a rigid technical rule but rather a practical recognition that the existence of separate actions usually results in a particular sequence in which the actions are resolved. The Supreme Court’s holding that the earlier-decided case precluded re-litigation of the same issues in the later action did not assign any particular significance to the fact that the actions were separate. Rather, its decision was based on the rationale that, once a prior equitable action has concluded, “there is no further factfinding function for the jury to perform, since the common factual issues have been resolved in the previous action.” 439 U.S. at 336, 99 S.Ct. 645.. But where the two actions are concurrently pending before one court, that principle has no application. Instead, Beacon Theatres requires that the factfinder’s function should, if reasonably possible, be performed by a jury. Abbott suggests that allowing the jury to make the first determination with respect to patent validity will have the perverse effect of giving Centocor two opportunities to litigate the same issue. That possibility follows inevitably from the different standards of proof that apply in the two actions. In the infringement trial, Centocor bears the burden of proving invalidity by clear and convincing evidence. 35 U.S.C. § 282; Microsoft, 131 S.Ct. at 2242. If it fails to meet that burden, it may nonetheless have the chance, in the Section 146 action, to obtain a reversal of the BPAI decision if it establishes that the patent is invalid by a preponderance of the evidence. Rex am, 30 Fed.Appx. at 985. Abbott contends that an arrangement that allows Centocor two bites at the apple in contesting the patents’ validity is inefficient and unfair. The problem, however, is that any such inefficiency or unfairness can only be avoided by eliminating or impairing Centocor’s right to a jury trial. The arrangement that preserves that right, while not free from imperfection, is most consistent with the tenets of the Seventh Amendment and the Patent Act’s system for adjudicating patent validity. The invalidity claims will therefore be tried first to a jury. Once that proceeding has concluded, the Court will take up whatever matters remain for resolution in the Section 146 proceeding. Accordingly, Abbott’s motion for summary judgment as to the applicability of issue preclusion to Centocor’s validity arguments will be denied. B. Indefiniteness Centocor seeks a ruling that certain claims, which it calls the “Kd claims,” are invalid for indefiniteness. Abbott has cross-moved for a ruling that the claims are not indefinite. Section 112 of the Patent Act provides that “[t]he specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.” 35 U.S.C. § 112, ¶ 2. It follows that, as a condition of validity, each patent claim must be sufficiently definite that “one skilled in the art would understand the bounds of the claim when read in light of the specification.” Exxon Research and Eng’g Co. v. United States, 265 F.3d 1371, 1375 (Fed.Cir.2001). A claim is not indefinite as long as its meaning is “discernible, even though the task [of claim construction] may be formidable and the conclusion may be one over which reasonable persons will disagree.” Id. at 1375. Rather, a claim is invalid for indefiniteness only if it is “insolubly ambiguous, and no narrowing construction can properly be adopted.” Id. at 1378. Claim indefiniteness is an issue of law to be decided by the court. Enzo Biochem, Inc. v. Applera Corp., 599 F.3d 1325, 1331 (Fed.Cir.2010). While “a court may consider or reject certain extrinsic evidence in resolving disputes en route to pronouncing the meaning of claim language, the court is not crediting certain evidence over other evidence or making factual evidentiary findings. Rather, the court is looking to the extrinsic evidence to assist in its construction of the written document.” Exxon Research, 265 F.3d at 1376 (internal quotations omitted). Because indefiniteness renders a claim invalid, it must be proved by clear and convincing evidence to overcome the presumption of validity. Halliburton Energy Servs., Inc. v. M-I L.L.C., 514 F.3d 1244, 1249 (Fed.Cir.2008); see also Exxon Research, 265 F.3d at 1380 (“[CJlose questions of indefiniteness ... are properly resolved in favor of the patentee.”). Claim 1 of the '128 patent is representative of the Kd claims. It describes “[a]n isolated human antibody, or antigen-binding portion thereof that binds to human IL-12 and dissociates from human IL-12 with a K4 of 1 x 10-10M or less and a koff rate constant of 1 x 10~3 s_1 or less, as determined by surface plasmon resonance.” ('128 col. 385 11. 11-15). The threshold values vary, but all the Kd claims include a limitation consisting of a particular Kd value, “as determined by surface plasmon resonance.” The patent specifications indicate that SPR measurements may be taken using a biosensor matrix such as the BIAcore system and name four scientific articles describing the process. ('128 patent col. 28 11. 7-17; '485 patent col. 2611. 37-46). The Kd claims were addressed in the claim construction proceedings. In its May 5 order, this Court adopted the parties’ agreed-to constructions of the terms “Kd” and “surface plasmon resonance.” Under these constructions, “Kd” referred to “the dissociation constant of a particular antibody-antigen interaction” and “surface plasmon resonance” referred to “an optical phenomenon that allows for the analysis of real-time biospecific interactions by detection of alterations in protein concentrations within a biosensor matrix.” Although both parties agreed to these meanings, Centocor now argues that, as used in the claims, the terms are “insolubly ambiguous” and that the claims are therefore indefinite. Specifically, Centocor contends that a person reasonably skilled in the art would not be able to measure the Kd value of an antibody using SPR without additional information and therefore could not know if a particular product infringed the claim. SPR tests are conducted under specific experimental conditions. At least two such conditions, surface density and flow rate, themselves influence the antibody-antigen interaction that is the subject of the SPR measurements. (Pearson Ex. 5, Robinson Rpt. ¶¶ 13, 24). This influence means that SPR assays may yield different Kd values for the same antibody when it is tested using different experimental parameters. (Pearson Ex. 6, Myszka Dep. Tr. at 29-30, 103-104, 125-126). Centocor argues that the Kd claims are indefinite because they do not specify the surface density or flow rate parameters under which the Kd value of a potentially infringing product should be measured. In response, Abbott argues that a Kd value is an intrinsic property of an antibody-antigen interaction that can be determined definitively by surface plasmon resonance. It argues that a person of reasonable skill in the art at the time of the patent filing would not require the specification of proper experimental protocol in order to understand the bounds of a the Kd claim limitations. Instead, Abbott asserts that one skilled in the field, applying known best practices, would conduct pilot experiments to determine appropriate surface density and flow rate conditions prior to measurement. Centocor relies on Honeywell Int’l, Inc. v. International Trade Comm’n, 341 F.3d 1332 (Fed.Cir.2003). In Honeywell, the Federal Circuit considered the construction of a claim-limitation term that “include[d] a numeric limitation without disclosing which of multiple methods of measuring that number should be used.” Halliburton, 514 F.3d at 1249 (characterizing Honeywell). Three methods of measurement were known and accepted in the art, and each yielded a different measurement than the others. The court held that because the patent did not specify which method to use and because the choice of method would determine whether a product met the numeric limitation, the claim was indefinite. Honeywell, 341 F.3d at 1340. Abbott relies on a set of cases that stand in contrast to Honeywell. In Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1367 (Fed.Cir.2011), the Federal Circuit reversed a ruling of indefiniteness where a claim limitation specified properties of a plastic as measured by a particular process, but failed to disclose specific moisture conditions to be used in applying that process. Finding that determining moisture conditions for the particular type of test identified was a “routine concern” in the field, the court held that “[w]ell known industry standards need not be repeated in a patent.” Because “the record show[ed] that a person of ordinary skill in the art in this field would follow standard industry guidance for conditioning plastics for [the testing process],” the court held that the claim was sufficiently definite. Id. Similarly, in Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., 655 F.3d 1364 (Fed.Cir.2011), the Federal Circuit upheld the validity of a claim that provided for a tobacco-curing process in a “controlled environment” but did not specify quantitative limits for various parameters for that environment, such as humidity and temperature. The court explained that exact numbers were not required because curing conditions varied “for each cure” and “the record repeatedly show[ed] that a person of skill in the art of tobacco curing would possess adequate understanding to manipulate these variables to create a controlled environment.” Id. at 1374. These two sets of cases are consistent. Honeywell stands for the proposition that when multiple acceptable standards or methods for measuring whether a product meets a claim limitation exist and the choice of method will affect the resulting measurement, the patent must specify the appropriate standard or method. Well-man and Star Scientific stand for the proposition that, when a claim does specify the method of measurement, its omission of details about how to implement the method will not invalidate the claim if a person of ordinary skill in the art could infer those details from industry standards or professional judgment. Here, the patent specifies SPR as the appropriate method of measurement. The issue is therefore whether a person of skill in the art would require specification of surface density and flow-rate parameters to determine whether an antibody-antigen interaction exhibited a particular Kd value. The record demonstrates that a person of skill in conducting SPR assays could discern the bounds of the Kd limitations. Both Centocor’s expert, Dr. Robinson, and Abbott’s expert, Dr. Myszka, agree that measurements of rate constants in SPR assays vary with experimental conditions and that experimental protocol can influence results. (Pearson Ex. 5, Robinson Rpt. ¶¶ 13, 24; Oyloe