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HORMONE RESEARCH FOUNDATION v. GENENTECH, INC.

Nos. 89-1082, 89-1111.

904 F.2d 1558 (1990)

HORMONE RESEARCH FOUNDATION, INC. and Hoffmann-LaRoche, Inc., Plaintiffs-Appellants, v. GENENTECH, INC., Genentech Development Corporation and Genentech Clinical Partners, Ltd., Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

June 5, 1990.

Attorney(s) appearing for the Case

S. Leslie Misrock of Pennie & Edmonds, New York City, argued for plaintiffs-appellants. Of counsel were Gidon D. Stern, Stephen J. Harbulak, Thomas E. Friebel, and Jennifer Gordon, of Pennie & Edmonds.

Coe A. Bloomberg of Lyon & Lyon, Los Angeles, Cal., argued for defendants/cross-appellants. Of counsel were Roland N. Smoot, James W. Geriak, Paul H. Meier, and Thomas J. Morgan, of Lyon & Lyon.

Before ARCHER, Circuit Judge, COWEN, Senior Circuit Judge, and MICHEL, Circuit Judge.

ARCHER, Circuit Judge.

Hormone Research Foundation and Hoffmann-LaRoche, Inc. (collectively HRF) appeal from the summary judgment of the United States District Court for the Northern District of California, Hormone Research Found. v. Genentech, Inc., 708 F.Supp. 1096, 8 USPQ2d 1377 (N.D.Cal.1988), holding (1) that Genentech, Inc., Genentech Development Corporation, and Genentech Clinical Partners, Ltd. (collectively Genentech...

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