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BIOGEN, INC. v. BERLEX LABORATORIES, INC.

Nos. 01-1058, 01-1059.

318 F.3d 1132 (2003)

BIOGEN, INC., Plaintiff-Cross Appellant, v. BERLEX LABORATORIES, INC., Defendant-Appellant, and Schering AG, Defendant.

United States Court of Appeals, Federal Circuit.

Decided: January 31, 2003.

Attorney(s) appearing for the Case

William F. Lee, Hale and Door LLP, of Boston, Massachusetts, argued for plaintiff-cross appellant. With him on the brief was David B. Bassett. Of counsel on the brief were James F. Haley, Jr., and Gerald J. Flattmann, Jr. Fish & Neave, of New York, NY; and Professor Charles Fried, Harvard Law School, of Cambridge, Massachusetts.

Richard W. Clary, Cravath, Swaine & Moore, of New York, NY, argued for defendant-appellant. With him on the brief was Roger G. Brooks.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Opinion for the court filed by Circuit Judge PAULINE NEWMAN. Concurring opinion filed by Circuit Judge RADER.

PAULINE NEWMAN, Circuit Judge.

In this declaratory action brought by Biogen, Inc., Berlex Laboratories appeals the decision of the United States District Court for the District of Massachusetts, granting Biogen's motion for summary judgment of non-infringement of United States Patents No. 5,376,567 (the '567 patent) and No. 5,795,779 (the '779 patent...

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