SCHERING CORP. v. AMGEN INC.

No. 99-1251.

222 F.3d 1347 (2000)

SCHERING CORPORATION and Biogen, Inc., Plaintiffs-Appellants, v. AMGEN INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 1, 2000.


Attorney(s) appearing for the Case

Gerald Sobel, Kaye, Scholer, Fierman, Hays & Handler, LLP, argued for plaintiffs-appellants. With him on the brief were Aaron Stiefel, and Daniel P. DiNapoli. Of counsel on the brief were Michael J. Astrue, Biogen, Inc., of Cambridge, Massachusetts; and James F. Haley, Jr., Fish & Neave, of New York, New York.

Daniel A. Boehnen, McDonnell Boehnen Hulbert & Berghoff, of Chicago, Illinois, argued for defendant-appellee. With him on the brief were John J. McDonnell, and Grantland G. Drutchas. Of counsel on the brief were Steven M. Odre, Stuart L. Watt, Robert R. Cook, Monique Cordray, and Craig Crandall, Amgen Inc., of Thousand Oaks, California. Also of counsel on the brief was D. Dennis Allegretti, Duane, Morris & Heckscher, LLP, of Boston, Massachusetts.

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.


RADER, Circuit Judge.

Schering Corporation and Biogen, Inc. (collectively, Schering) sued Amgen Inc. in the United States District Court for the District of Delaware for infringing U.S. Patent No. 4,530,901 (the '901 patent). The '901 patent claims recombinant DNA molecules encoding specific types of human interferon, microorganisms genetically engineered to produce that interferon, and methods of producing interferon with recombinant technology. The district court...

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