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CARNEGIE MELLON UNIVERSITY v. HOFFMANN-LA ROCHE

Nos. 2007-1266, 2007-1267.

541 F.3d 1115 (2008)

CARNEGIE MELLON UNIVERSITY and Three Rivers Biologicals, Inc., Plaintiffs-Appellants, v. HOFFMANN-LA ROCHE INC., Roche Molecular Systems, Inc., Roche Diagnostic Systems, Inc., Roche Biomedical Laboratories, Inc., The Perkin-Elmer Corporation, and Laboratory Corporation of America Holdings, Defendants-Appellees. Carnegie Mellon University, Plaintiff-Appellant, v. Hoffmann-La Roche Inc., Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Laboratory Corporation of America, and Applera Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

Frederick H. Colen, Reed Smith LLP, of Pittsburgh, PA, argued for all plaintiffs-appellants. With him on the briefs were Charles H. Dougherty, Jr. and Mark Levin.

Stephen S. Rabinowitz, Fried, Frank, Harris, Shriver & Jacobson LLP, of New York, NY, argued for all defendants-appellees. With him on the briefs were Mitchell Epner, Randy C. Eisensmith, and Alison R. Ladd.

Before LOURIE, BRYSON, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

Carnegie Mellon University ("CMU") and Three Rivers Biologicals, Inc. (collectively "appellants") appeal from the decision of the United States District Court for the Northern District of California holding that Hoffmann-La Roche, Inc., Roche Molecular Systems, Inc., Roche Diagnostic Systems, Inc., Roche Biomedical Laboratories, Inc., The Perkin Elmer Corporation, and Laboratory Corporation of America Holdings (collectively "Roche") do not infringe...

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