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ISRAEL BIO-ENGINEERING PROJECT v. AMGEN, INC.

No. 06-1218.

475 F.3d 1256 (2007)

ISRAEL BIO-ENGINEERING PROJECT, Plaintiff-Appellant, v. AMGEN INC., Immunex Corporation, Wyeth, and Wyeth Pharmaceuticals, Inc., Defendants-Appellees, and Yeda Research and Development Co., Ltd., Defendant-Appellee, and Inter-Lab Ltd. and Serono International S.A., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 29, 2007.

Attorney(s) appearing for the Case

Thomas L. Hamlin, Robins, Kaplan, Miller & Ciresi L.L.P, of Minneapolis, MN, argued for plaintiff-appellant Israel Bio-Engineering Project. With him on the brief were Stephen P. Safranski, Brian A. Mayer, and Ross A. Abbey.

Barbara R. Rudolph, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, D.C., argued for defendants-appellees Amgen Inc., et al. With her on the brief were Gerald F. Ivey and William L. Strauss. Of counsel on the brief were Stuart L. Watt, Monique L. Cordray, Karen L. Nicastro, Kathleen Fowler, and Gail Katz, Amgen Inc., of Thousand Oaks, CA; Vicki G. Norton, Wilson Sonsini Goodrich & Rosati, P.C., of San Diego, CA; and Nicole W. Stafford, Wilson Sonsini Goodrich & Rosati, P.C., of Austin, TX.

Nicholas Groombridge, Weil, Gotshal & Manges LLP, of New York, N.Y. argued for defendant-appellee Yeda Research and Development Co., Ltd. With him on the brief were Michael Eisenberg, Daniel J. Melman, and Peter Sandel. Of counsel was John D. Garretson, Fish & Richardson, P.C. of New York, NY.

Wayne M. Barsky, Gibson, Dunn & Crutcher LLP, for defendants-appellees Inter-Lab Ltd., et al of Los Angeles, CA.

Before BRYSON, PROST, Circuit Judges, and SARIS, District Judge.

SARIS, District Judge.

This appeal involves a complex dispute over the ownership of a patent. Plaintiff-Appellant Israel Bio-Engineering Project ("IBEP") appeals from a judgment in a patent infringement action granting Defendant-Appellee Yeda Research and Development Company, Ltd.'s ("Yeda") motion for summary judgment on the ground that IBEP lacked standing to bring the suit because it did not have sole ownership of the patent. This court affirms.

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