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GENENTECH, INC. v. REGENTS OF UNIV. OF CALIFORNIA

Nos. 96-1361, 97-1099.

143 F.3d 1446 (1998)

GENENTECH, INC., Plaintiff-Appellant, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant-Appellee, and Eli Lilly and Company, Defendant, and United States, Intervenor. GENENTECH, INC., Plaintiff-Appellee, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant-Appellant, and Eli Lilly and Company, Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 5, 1998.

Attorney(s) appearing for the Case

John E. Kidd, Rogers & Wells, New York City, argued for Genentech, Inc. With him on briefs were Leora Ben-Ami and Joseph Ferraro.

Gerald P. Dodson, Arnold, White & Durkee, Menlo Park, CA, argued for Regents of University of California. With him on brief were Emily A. Evans, Menlo Park, CA, and Richard L. Stanley, Houston, TX. Of counsel on brief was P. Martin Simpson, Jr., University of California, Office of Technology Transfer, Alameda, CA.

Michael S. Raab, Attorney, Civil Division, Appellate Staff, Department of Justice, Washington, DC, argued for United States. With him on brief were Frank W. Hunger, Assistant Attorney General, and Mark B. Stern, Attorney.

Before: NEWMAN, LOURIE, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 5, 1998.

PAULINE NEWMAN, Circuit Judge.

Genentech, Inc. appeals from the dismissal, on Eleventh Amendment grounds, of its declaratory action in the United States District Court for the Southern District of Indiana against the Regents of the University of California ("the University") and Eli Lilly and Company ("Lilly").1 The litigation relates to United States Patent...

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