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GENETIC TECHNOLOGIES LTD. v. MERIAL L.L.C.

Nos. 2015-1202, 2015-1203.

818 F.3d 1369 (2016)

GENETIC TECHNOLOGIES LIMITED, Plaintiff-Appellant v. MERIAL L.L.C., Bristol-Myers Squibb Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 8, 2016.

Attorney(s) appearing for the Case

Benjamin B. Lieb , Sheridan Ross, PC, Denver, CO, argued for plaintiff-appellant. Also represented by Robert R. Brunelli , Hiwot M. Covell.

Gregory A. Castanias , Jones Day, Washington, DC, argued for defendant-appellee Merial L.L.C. Also represented by John Patrick Elsevier , Philip Sheng , San Diego, CA; Judy Catherine Jarecki-Black , Merial Limited, Atlanta, GA.

Amy K. Wigmore , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for defendant-appellee Bristol-Myers Squibb Company. Also represented by Thomas Saunders , Tracey Cote Allen ; William F. Lee , Allison Trzop , Boston, MA.

Before PROST, Chief Judge, DYK, and TARANTO, Circuit Judges.

Genetic Technologies Limited ("GTG") brought suit against Merial L.L.C. ("Merial") and Bristol-Myers Squibb ("BMS") (together, "appellees"). GTG alleged that appellees had infringed U.S. Patent No. 5,612,179 ("the '179 patent"), which relates to methods of detecting genetic variations. The district court granted appellees' motions...

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