Ann: Novartis and Mesoblast Remestemcel-L Collaboration, page-807

I don't actually know anything about what is precisely contained within MSB's assays.

From experience, I would guess that for MSB's assays, it's likely a mix of (a) patented materials, processes and steps (where you are absolutely required to explain clearly what the invention is/does to obtain the patent, and explain it sufficiently so anyone who reads it understands how to do it (practice the invention, in patent parlance, so that information is definitely public (though not in the "public domain," which means anyone can use it and no one owns it)...to enable them to avoid infringing the same); and (b) trade secrets (where it's, well, a secret, and is kept secret by only disclosing it to a people bound by clear non-disclosure obligations).

I would guess, too, that MSB, via its lawyers and scientists, are well aware of relevant prior art out there, i.e., pre-existing information, patented or not, that potentially anticipates the claimed invention and would prevent the application being granted in respect of that information.

That would almost undoubtedly include CYP's patent (assuming it pre-dates MSB's patent(s) for similar technology/processes). MSB and its lawyers would do their very best to "design around" any such patents to make sure that their own patent wasn't likely to be rejected due to that prior art AND that they themselves didn't infringe CYP's patent in respect of their own assays.