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CLONTECH LABORATORIES, INC. v. INVITROGEN CORP.

Nos. 03-1464, 04-1099.

406 F.3d 1347 (2005)

CLONTECH LABORATORIES, INC., Plaintiff-Appellee, v. INVITROGEN CORPORATION (formerly Life Technologies, Inc.), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 5, 2005.

Attorney(s) appearing for the Case

Marc R. Labgold, Patton Boggs LLP, of McLean, Virginia, argued for plaintiff-appellee. With him on the brief were Michael J. Schaengold, Richard J. Oparil, and Kevin M. Bell. Of counsel was Scott A.M. Chambers.

Jay I. Alexander, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Robert J. Koch, of Washington, DC, and James Pooley, of Palo Alto, California. Of counsel on the brief were Kevin R. Casey and Harrie R. Samaras, RatnerPrestia P.C., of Valley Forge, Pennsylvania; and, Alan W. Hammond, Invitrogen Corporation, of Carlsbad, California.

Before CLEVENGER, DYK, and PROST, Circuit Judges.

CLEVENGER, Circuit Judge.

Invitrogen Corporation appeals the judgment of the United States District Court for the District of Delaware holding that Invitrogen falsely marked certain of its molecular biology products. Clontech Labs., Inc. v. Invitrogen Corp., 263 F.Supp.2d 780 (D.Del.2003). Because the evidence does not support the court's finding that the relevant tests put Invitrogen on clear notice that certain products...

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