INTEGRA LIFESCIENCES I, LTD. and The Burnham Institute, Plaintiffs-Cross Appellants, and
Telios Pharmaceuticals, Inc., Plaintiff,
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
July 27, 2007.
July 27, 2007.
Attorney(s) appearing for the Case
Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, 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, CA; and William C. Rooklidge, Howrey Simon Arnold & White, LLP, of Irvine, CA. 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, CA, 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.
Kelly L. Morron, Schiff Hardin LLP, of New York, NY, for amicus curiae Association of the Bar of the City of New York. Of counsel on the brief was Charles E. Miller, Dickstein Shapiro Morin & Oshinsky LLP, of New York, NY.
Edward A. Pennington, Swidler Berlin LLP, of Washington, DC, for amicus curiae Bavarian Nordic A/S. With him on the brief was Robert C. Bertin. Of counsel was Li Westerlund, Director of Intellectual Property, of Kvistg<ard, Denmark.
Joshua D. Sarnoff, Glushko-Samuelson Intellectual Property Law Clinic, of Washington, DC, for amici curiae Consumer Project on Technology, Electronic Frontier Foundation, and Public Knowledge.
William R. Boudreaux, Eli Lilly and Company, of Indianapolis, Indiana, for amicus curiae Eli Lilly & Company. With him on the brief was Mark J. Stewart.
Lynn E. Eccleston, The Eccleston Law Firm, of Washington, DC, for amicus curiae Bar Association of the District of Columbia. With him on the brief was Susan M. Dadio, Buchanan Ingersoll PC, of Alexandria, VA.
Stanton T. Lawrence, III, Arnold & Porter, of Washington, DC, for amicus curiae Wyeth. With him on the brief were Paul J. Zegger and Todd A. Wagner.
Before NEWMAN, RADER, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge NEWMAN. Dissenting-in-part and concurring-in-part opinion filed by Circuit Judge RADER.
NEWMAN, Circuit Judge.
This case returns to us upon vacatur by the Supreme Court of the judgment of the the Court's statutory construction of 35 U.S.C. § 271(e)(1).1 We received further briefing and argument, and now reverse the district court's judgment...
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