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CELL GENESYS v. APPLIED RESEARCH SYSTEMS ARS HOLD.

Nos. 05-12448-MLW, 04-11810-MLW.

499 F.Supp.2d 59 (2007)

CELL GENESYS, INC., Plaintiff v. APPLIED RESEARCH SYSTEMS ARS HOLDING, N.V., Defendant Applied Research Systems ARS Holding, N.V., Plaintiff v. Cell Genesys, Inc, and Transkaryotic Therapies, Inc., Defendants.

United States District Court, D. Massachusetts.

August 13, 2007.

Attorney(s) appearing for the Case

Steven B. Kelber, Arnold & Porter LLP, Washington, DC, Jill Brenner Meixel, T. Christopher Donnelly, Donnelly, Conroy & Gelhaar, LLP, Boston, MA, for Plaintiff.

Kevin M. Flowers, Mathew C. Nielsen, Michael F. Borun, Sandip H. Patel, William K. Merkel, Cullen N. Pendleton, Bradford P. Lyerla, Marshall, Gerstein & Borun LLP, Chicago, IL, Charles L. Gholz, Frank J. West, Oblon, Spivak, McClelland, Maier & Neustadt, P.D., Alexandria, VA, for Defendants.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. SUMMARY

These consolidated cases are appeals from a decision of the Board of Patent Appeals and Interferences (the "Board"), which is part of the Patent and Trademark Office (the "PTO"), pursuant to 35 U.S.C. § 146. Cell Genesys, Inc. ("CGI") asserts that the Board erred in finding that some of the claims in its U.S. Patent Application No. 08/102,390 (the "'390 application") were invalid and...

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