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SCRIPPS CLINIC & RESEARCH FDN. v. GENENTECH, INC.

Nos. 89-1541, 89-1542, 89-1543, 89-1646 and 89-1647.

927 F.2d 1565 (1991)

SCRIPPS CLINIC & RESEARCH FOUNDATION, Revlon, Inc., and Rorer Group Inc., Plaintiffs-Appellants, v. GENENTECH, INC., Defendant/Cross-Appellant, and Miles, Inc., Defendant-Appellee. SCRIPPS CLINIC & RESEARCH FOUNDATION and Revlon, Inc., Plaintiffs-Appellants, v. CHIRON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 30, 1991.

Attorney(s) appearing for the Case

William S. Feiler, Morgan & Finnegan, New York City, argued, for plaintiffs-appellants. With him on the brief were Eugene Moroz, Patricia S. Rocha, Bruce A. Pokra and Stephen V. Bomse, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., of counsel.

James W. Geriak, Lyon & Lyon, Los Angeles, Cal., argued, for defendant/cross-appellant. With him on the brief were Douglas E. Olson, Bradford J. Duft and Karol M. Pessin. Also on the brief were Thomas J. Morgan and Melvin Blecher, Lyon & Lyon, Washington, D.C. Arnold Sprung, Sprung Horn Kramer & Woods, New York City, argued, for defendant-appellee. With him on the brief were Nathaniel D. Kramer and Alan J. Grant.

William L. Anthony, Townsend & Townsend, Palo Alton, Cal., represented Chiron Corporation. Of counsel was Noemi C. Espinosa, Townsend & Townsend, Palo Alton, Cal.

Before MARKEY and NEWMAN, Circuit Judges, and BEER, District Judge.

PAULINE NEWMAN, Circuit Judge.

This litigation concerns a substance called human Factor VIII:C, a complex protein that occurs naturally in normal blood and is essential to the clotting of blood. The patent in suit, United States Reissue Patent No. 32,011 (the "R'011" patent), is entitled "Ultrapurification of Factor VIII Using Monoclonal Antibodies", inventors Theodore S. Zimmerman and Carol A. Fulcher. Assigned to Scripps Clinic and Research Foundation, it was licensed...

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