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GOLDENBERG v. CYTOGEN, INC.

No. 03-1409.

373 F.3d 1158 (2004)

Milton D. GOLDENBERG and Immunomedics, Inc., Plaintiffs-Appellants, v. CYTOGEN, INC. and C.R. Bard, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 23, 2004.

Attorney(s) appearing for the Case

Michael D. Kaminski, Foley & Lardner, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Harold C. Wegner, Stephen B. Maebius, Kenneth E. Krosin, and George C. Best. Of counsel was James M. Silbermann.

Bradford J. Badke, Dewey Ballantine LLP, of New York, NY, argued for defendants-appellees. With him on the brief were Harvey Kurzweil and David F. Owens. Of counsel on the brief were Cecil E. Key and Robert A. King, of Washington, DC.

Before SCHALL, GAJARSA, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge PROST.

GAJARSA, Circuit Judge.

Milton D. Goldenberg ("Goldenberg") and Immunomedics, Inc. (collectively, "Immunomedics"), appeal from the grant of a motion for summary judgment of noninfringement of United States Patent No. 4,460,559 (the "'559 patent") in favor of Cytogen, Inc., and C.R. Bard, Inc. (collectively, "Cytogen"), by the...

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