CHIRON CORP. v. GENENTECH, INC.

Nos. 03-1158, 03-1159.

363 F.3d 1247 (2004)

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

United States Court of Appeals, Federal Circuit.

DECIDED: March 30, 2004.


Attorney(s) appearing for the Case

Harold J. McElhinny, Morrison & Foerster LLP, of San Francisco, CA, argued for plaintiff-appellant. With him on the brief were Rachel Krevans, Eric S. Walters, and Jason A. Crotty. Of counsel on the brief were Nancy J. Koch, Robert P. Blackburn, and Joseph Harry Guth, Chiron Corporation, of Emeryville, CA.

Leora Ben-Ami, Clifford Chance, of New York, NY, argued for defendant-cross appellant. On the brief were Roy E. Hofer, Cynthia A. Homan, Meredith Martin Addy, and C. Noel Kaman, Brinks Hofer Gilson & Lione, of Chicago, IL. Of counsel on the brief were John W. Keker and Daralyn J. Durie, Keker & Van Nest, of San Francisco, CA.

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


RADER, Circuit Judge.

After a jury trial, the United States District Court for the Eastern District of California entered judgment in favor of Genentech that all claims of U.S. Patent No. 6,054,561 are invalid under 35 U.S.C. § 102 because none of the asserted claims is entitled to priority to a series of applications filed in 1984, 1985, and 1986. Chiron Corp. v. Genentech, Inc., No. Civ. S-00-1252 WBS GGH ...

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