ERAGEN BIOSCIENCES v. NUCLEIC ACIDS LICENSING LLC

Nos. 07-1726, 07-1727.

540 F.3d 694 (2008)

ERAGEN BIOSCIENCES, INC., Plaintiff-Appellee, Cross-Appellant, v. NUCLEIC ACIDS LICENSING LLC, Defendant-Appellant, Cross-Appellee, and Steven A. Benner, Defendant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2008.


Attorney(s) appearing for the Case

Thomas L. Shriner, Jr. (argued), Foley & Lardner, Milwaukee, WI, for Plaintiff-Appellee, Cross-Appellant.

Patrick G. McBride, O'Neil, Cannon, Hollman & Dejong, Milwaukee, WI, Heather L. Curnutt (argued), Lawton & Cates, Madison, WI, for Defendant-Appellant, Cross-Appellee.

Before EASTERBROOK, Chief Judge, and ROVNER and WOOD, Circuit Judges.


WOOD, Circuit Judge.

Litigation can sometimes take on a life of its own, propelling the parties into maneuvers and rhetorical flourishes that might not have been undertaken in more placid times. This case seems to be a cautionary tale for how the pressures of litigation can overtake parties like Hokusai's wave swamping the boats ("The Great Wave Off Kanagawa," ca. 1831, Katsushika Hokusai (1760-1849)).

Dr. Steven Benner invented and patented some useful techniques...

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