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AUTOGENOMICS, INC. v. OXFORD GENE TECHNOLOGY LTD.

No. 2008-1217.

566 F.3d 1012 (2009)

AUTOGENOMICS, INC., Plaintiff-Appellant, v. OXFORD GENE TECHNOLOGY LIMITED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 18, 2009.

Attorney(s) appearing for the Case

Robert D. Fish, Fish & Associates, PC, of Irvine, CA, for plaintiff-appellant. With him on the brief was Josh L. Emory.

Bryan S. Hales, Kirkland & Ellis LLP, of Chicago, IL, for defendant-appellee. With him on the brief was Christopher R. Liro.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

Plaintiff-Appellant Autogenomics, Inc. (Autogenomics) sued Defendant-Appellee Oxford Gene Technology Limited (Oxford) in the United States District Court for the Central District of California for a declaratory judgment of invalidity and non-infringement of claims 9 and 10 of U.S. Patent No. 6,054,270 (the '270 patent). The district court granted Oxford's motion to dismiss for lack of personal jurisdiction. Autogenomics, Inc. v. Oxford Gene...

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