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BAYER AG v. HOUSEY PHARMACEUTICALS, INC.

No. 02-1598.

340 F.3d 1367 (2003)

BAYER AG and Bayer Corporation, Plaintiffs-Appellees, v. HOUSEY PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided August 22, 2003.

Attorney(s) appearing for the Case

Jeffrey B. Bove, Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, argued for plaintiffs-appellees. With him on the brief were Rudolf E. Hutz, Mary W. Bourke and Thomas F. Poché.

Joseph A. Grear, Stanheim & Grear, Ltd., of Chicago, Illinois, argued for defendant-appellant. With him on the brief were Rolf O. Stadheim, Gregory M. Jordan, and George C. Summerfield. Of counsel were M. Duncan Grant and Joseph Naylor, Pepper Hamilton LLP, of Wilmington, Delaware.

Morgan Chu, Irell & Manella LLP, of Los Angeles, California, for amici curiae Affymetrix, Inc., et al. With him on the brief were Laura W. Brill, Lisa Partain, and Jason G. Sheasby.

Before MAYER, DYK and PROST,

DYK, Circuit Judge.

Housey Pharmaceuticals, Inc. ("Housey") appeals from the judgement of the United States District Court for the District of Delaware dismissing its counterclaim for infringement of United States Patent Nos. 4,980,281, 5,266,464, 5,688,655, and 5,877,007 for failure to state a claim. Because we conclude that infringement under 35 U.S.C. § 271(g) is limited to physical goods that were manufactured and does not include information generated...

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