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GENENTECH, INC. v. WELLCOME FOUNDATION LTD.

Nos. 92-1503, 92-1505.

29 F.3d 1555 (1994)

GENENTECH, INC., Innovi N.V. and Leuven Research & Development VZW, Plaintiffs-Appellees, v. The WELLCOME FOUNDATION LIMITED, Wellcome Biotechnology Limited, Burroughs Wellcome Co., B.W. Manufacturing, Inc. and Welgen Manufacturing, Inc., Defendants, and Genetics Institute, Inc. and GI Manufacturing, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 27, 1994.

Attorney(s) appearing for the Case

Stephen F. Sherry, Allegretti & Witcoff, Ltd., Chicago, IL, argued for plaintiffs-appellees. With him on the brief was D. Dennis Allegretti, Allegretti & Witcoff, Ltd., Boston, MA.

James L. Quarles, III, Hale & Dorr, Washington, DC, argued for defendants-appellants. With him on the brief were Bruce M. Eisen, Steven R. Lazar, Genetics Institute, Inc., of Cambridge, MA, and Stanley H. Lieberstein and Edward A. Meilman, Ostrolenk, Faber, Gerb & Soffen, New York City.

Before PLAGER, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.

PLAGER, Circuit Judge.

The question in this patent infringement action is whether a protein, formed through recombinant DNA technology, infringes, under the doctrine of equivalents, any of three patents: a patent directed to a natural protein extracted from certain human cancer cells; a patent directed to the materials needed to produce the natural protein through recombinant DNA technology, i.e., the DNA sequence encoding the protein, the expression vector containing...

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