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AMGEN, INC. v. CHUGAI PHARMACEUTICAL CO., LTD.

Nos. 90-1273, 90-1275.

927 F.2d 1200 (1991)

AMGEN, INC., Plaintiff/Cross-Appellant, v. CHUGAI PHARMACEUTICAL CO., LTD., and Genetics Institute, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined May 20, 1991.

Attorney(s) appearing for the Case

Edward M. O'Toole, Marshall, O'Toole, Gerstein, Murray & Bicknall, Chicago, Ill., argued, for plaintiff/cross-appellant. With him on the brief were Michael F. Borun, Richard A. Schnurr and Christine A. Dudzik. Also on the brief were Steven M. Odre and Robert D. Weist, Amgen, Inc., Thousand Oaks, Cal., of counsel.

Kurt E. Richter, Morgan & Finnegan, New York City, and William F. Lee, Hale & Dorr, Boston, Mass., argued for defendants-appellants. Of counsel were Eugene Moroz, Michael P. Dougherty and William S. Feiler, Morgan & Finnegan, New York City.

Before MARKEY, LOURIE and CLEVENGER, Circuit Judges.

Suggestion for Rehearing In Banc Declined May 20, 1991.

LOURIE, Circuit Judge.

This appeal and cross appeal are from the March 4, 1990, judgment of the United States District Court for the District of Massachusetts, Amgen, Inc. v. Chugai Pharmaceutical Co., 13 USPQ2d 1737, 1989 WL 169006 (1990), and involve issues of patent validity, infringement, and inequitable conduct with respect to two patents: U.S. Patent 4,703,008 ('008), owned by Kirin-Amgen...

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