GENENTECH, INC. v. CHIRON CORP.

No. 99-1506.

220 F.3d 1345 (2000)

GENENTECH, INC., Plaintiff-Appellee, v. CHIRON CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 4, 2000.


Attorney(s) appearing for the Case

R. Danny Huntington, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, Virginia, argued for plaintiff-appellee. With him on the brief were Matthew P. Blischak, Mary Ann Dillahunty, Malcolm K. McGowan, and Bruce T. Wieder. Of counsel was Eric H. Weisblatt.

Harold J. McElhinny, Morrison & Foerster LLP, of San Francisco, California, argued for defendant-appellant. With him on the brief were Rachel Krevans, and Matthew I. Kreeger. Of counsel on the brief were Robert P. Blackburn, and Joseph H. Guth, Chiron Corporation, of Emeryville, California.

Before SCHALL, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.


SCHALL, Circuit Judge.

This appeal stems from an interference between U.S. Patent Application Serial No. 06/506,078 (the "Lee application"), assigned to Genentech, Inc. ("Genentech"), and U.S. Patent Application Serial No. 06/922,199 (the "Barr application"), assigned to Chiron Corporation ("Chiron"). After the Board of Patent Appeals and Interferences ("Board") awarded priority of invention to Chiron, see Lee v. Barr, Pat. Int. No. 102,208 (July 19, 1994)...

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