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AGILENT TECHNOLOGIES, INC. v. AFFYMETRIX, INC.

No. 2008-1466.

567 F.3d 1366 (2009)

AGILENT TECHNOLOGIES, INC., Plaintiff-Appellant, v. AFFYMETRIX, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 2009.

Attorney(s) appearing for the Case

Thomas H. Jenkins, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Tina E. Hulse, of Palo Alto, CA.

Stephen C. Holmes, Dewey & LeBoeuf LLP, of East Palo Alto, CA, argued for defendant-appellee. With him on the brief were Barbara A. Caufield, and Michael J. Malecek.

Before MAYER, RADER, Circuit Judges, and POSNER, Circuit Judge.

RADER, Circuit Judge.

The United States District Court for the Northern District of California reviewed an interference action that Agilent Technologies, Inc. (Agilent) brought under 35 U.S.C. § 146 against Affymetrix, Inc. (Affymetrix). The district court sustained the decision of the Board of Patent Appeals and Interferences (the Board) and awarded priority to Affymetrix. Agilent Techs. v. Affymetrix, Inc., No. C-06-05958 (N.D.Cal. June 13, 2008) (

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