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BOARD OF TRUSTEES OF LELAND STANFORD JUNIOR UNIVERSITY v. ROCHE MOLECULAR SYSTEMS, INC.

Nos. 2008-1509, 2008-1510

BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, Plaintiff/Counterclaim Defendant-Appellant, and THOMAS MERIGAN and MARK HOLODNIY, Counterclaim Defendants, v. ROCHE MOLECULAR SYSTEMS, INC., ROCHE DIAGNOSTICS CORPORATION, ROCHE DIAGNOSTICS OPERATIONS, INC., Defendants/Counterclaimants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Revised October 1, 2009.

Attorney(s) appearing for the Case

Ricardo Rodriguez, Cooley Godward Kronish LLP, of Palo Alto, California, argued for plaintiff/counterclaim defendant-appellant. With him on the brief were Michelle S. Rhyu, Lori Ploeger and Benjamin G. Damstedt.

Adrian R. Pruetz, Pruetz Law Group LLP, of El Segundo, California, argued for defendants/counterclaimants-cross appellants. With her on the brief were Erica J. Pruetz and Lauren M. Gibbs. Of counsel on the brief were Brian C. Cannon and Charlie Y. Chou, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Redwood Shores, California. Of counsel was Pablo D. Arredondo, of New York, New York.

Before LINN, PROST, and MOORE, Circuit Judges.

LINN, Circuit Judge.

The Board of Trustees of the Leland Stanford Junior University ("Stanford") appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 ("'730 patent"), No. 6,503,705 ("'705 patent"), and No. 7,129,041 ("'041 patent") are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F.Supp.2d 1016 (N.D. Cal. 2008) ("Invalidity Opinion

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