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GEN-PROBE INC. v. VYSIS, INC.

Nos. 02-1617, 02-1618.

359 F.3d 1376 (2004)

GEN-PROBE INCORPORATED, Plaintiff-Cross Appellant, v. VYSIS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided March 5, 2004.

Attorney(s) appearing for the Case

R. William Bowen, Jr., Gen-Probe Incorporated, of San Diego, California, argued for plaintiff-cross appellant. With him on the brief were Stephen P. Swinton, and J. Christopher Jaczko, Cooley Godward LLP, of San Diego, California.

Jeffrey I. Weinberger, Munger, Tolles & Olson LLP, of Los Angeles, California argued for defendant-appellant. With him on the brief was Ted G. Dane.

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

RADER, Circuit Judge.

After a jury trial, the United States District Court for the Southern District California entered judgment in favor of the declaratory judgment plaintiff, Gen-Probe. Among other rulings, the district court found that substantial evidence supported the jury's verdicts of noninfringement and invalidity for both obviousness and nonenablement. Gen-Probe, Inc. v. Vysis, Inc., No. 99-CV-2668 H(AJB) (S.D.Cal. Aug. 2, 2002). Vysis has appealed...

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