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AMGEN, INC. v. GENETICS INSTITUTE, INC.

No. 95-1247.

98 F.3d 1328 (1996)

AMGEN, INC., Plaintiff-Appellee, and Ortho Biotech, Inc., OMJ Pharmaceutical, Inc. and Ortho Pharmaceutical Corp., Plaintiffs-Appellees, v. GENETICS INSTITUTE, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 3, 1997.

Attorney(s) appearing for the Case

D. Dennis Allegretti, Banner & Allegretti, Boston, MA, argued, for plaintiff-appellee. With him on the brief, were Dale A. Malone and John P. Iwanicki. Also on the brief, were Lloyd R. Day, Jr., David M. Madrid, and Robert M. Galvin, Cooley Godward Castro Huddleson & Tatum, Palo Alto, CA, and Steven M. Odre and Stuart L. Watt, Amgen, Inc., Thousand Oaks, California.

David F. Dobbins, Patterson, Belknap, Webb & Tyler, L.L.P., New York City, argued, for plaintiffs-appellees. With him on the brief, were Gregory L. Diskant, Jeffrey I.D. Lewis, and Richard S. Eisert.

Paul H. Heller, Kenyon & Kenyon, New York City, argued, for defendant-appellant. With him on the brief, were Paul Lempel and John R. Moore. Also on the brief, were William F. Lee and David B. Bassett, Hale & Dorr, Boston, MA, and Scott A. Brown and Bruce M. Eisen, Genetics Institute, Inc., Cambridge, MA. Of counsel, was Lawrence V. Stein, Genetics Institute, Inc.

Before NEWMAN, LOURIE and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 3, 1997.

PAULINE NEWMAN, Circuit Judge.

At issue in this declaratory action is United States Patent No. 5,322,837 (the '837 patent) entitled "Homogeneous Erythropoietin Compositions and Methods of Using Same." The patentee is Genetics Institute, Inc.; the accused infringers are Amgen, Inc. and its distributors or licensees Ortho Biotech, Inc., OMJ Pharmaceuticals, Inc. and Ortho Pharmaceutical...

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