INTEGRA LIFESCIENCES I, LTD. and the Burnham Institute, Plaintiffs-Cross Appellants, and
Telios Pharmaceuticals, Inc., Plaintiff-Appellee,
v.
MERCK KGaA, Defendant-Appellant, and
The Scripps Research Institute and Dr. David A. Cheresh, Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 17, 2005.
August 17, 2005.
Attorney(s) appearing for the Case
Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellant Merck KGaA. With him on the brief were Thomas H. Jenkins, David A. Manspeizer, and Rachel H. Townsend. Of counsel on the brief were M. Patricia Thayer, Heller Ehrman White & McAuliffe, LLP, of San Francisco, California; and William C. Rooklidge, Howrey Simon Arnold & White, LLP, of Irvine, California. Of counsel was Esther H. Lim, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC.
Mauricio A. Flores, Campbell & Flores LLP, of San Diego, California, argued for plaintiffs-cross appellants Integra LifeSciences I, Ltd. and The Burnham Institute. With him on the brief was David M. Beckwith. Of counsel on the brief were Raphael V. Lupo, Mark G. Davis, and Natalia V. Blinkova, McDermott, Will & Emery, of Washington, DC. Of counsel was Donna M. Tanguay.
Before NEWMAN, RADER, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
ORDER
The court has received a certified copy of the judgment from the Clerk of the Supreme Court of the United States in Merck KGaA v. Integra Lifesciences I, Ltd., ___ U.S. ___, 125 S.Ct. 2372, 162 L.Ed.2d 160. The Supreme Court vacated this court's judgment, which was reported at 331 F.3d 860 (Fed.Cir.2003), and remanded for proceedings consistent with the Court's opinion.
Upon consideration thereof,
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