The dispute, which has been followed closely by the neuroscience community, began in the late 1990s when Elan sued the Mayo Foundation for allegedly infringing the two patents it holds on its transgenic mouse models of Alzheimer's disease. The mice express a human gene that contains a mutation known as the 'Swedish mutation' of the amyloid precursor protein, the accumulation of which is well established as a contributory factor to Alzheimer's disease.

In response to Elan's accusations of infringement, Mayo claimed it had licences from patent holders for both the mutation and the mice, and counterclaimed that Elan's patents were obtained fraudulently and were therefore not enforceable.

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