GENENTECH, INC. v. ELI LILLY AND CO.

No. 91-1249.

998 F.2d 931 (1993)

GENENTECH, INC., Plaintiff-Appellant, v. ELI LILLY AND COMPANY, Defendant, and The Regents of the University of California, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 13, 1993.

Rehearing Denied; Suggestion for Rehearing Declined September 23, 1993.


Attorney(s) appearing for the Case

Salem M. Katsh, Weil, Gotshal & Manges, New York City, argued, for plaintiff-appellant. With him on the brief, were Ira M. Millstein, Howard B. Comet, Edmund J. Fish and Patrick A. Fraioli, Jr. Also on the brief, were Hugh E. Reynolds and David T. Kasper, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN.

Thomas D. Nevins, III, Broad, Schulz, Larson & Wineberg, San Francisco, CA, argued, for defendant-appellee. With him on the brief, was Paula L. Baca. Also on the brief, were Allen B. Wagner, Office of the Gen. Counsel to the Regents of the University of California, Oakland, CA and Susan B. Tabler, Ice Miller Donadio & Ryan, Indianapolis, IN.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and LOURIE, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined September 23, 1993.

PAULINE NEWMAN, Circuit Judge.

Genentech, Inc. appeals the judgment of the United States District Court for the Southern District of Indiana1 dismissing, as to the Regents of the University of California ("the University"), the declaratory judgment action brought by Genentech against the University and Eli...

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