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WISCONSIN ALUMNI RESEARCH v. XENON PHARMACEUTICALS

Nos. 08-1351, 06-3901.

591 F.3d 876 (2010)

WISCONSIN ALUMNI RESEARCH FOUNDATION, Plaintiff-Appellee/Cross-Appellant, v. XENON PHARMACEUTICALS, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 2010.

Attorney(s) appearing for the Case

Anthony A. Tomaselli, Kristin G. Noel (argued), Quarles & Brady, Madison, WI, for Plaintiff-Appellee/Cross-Appellant.

Russell L. Johnson (argued), Sidley Austin, San Francisco, CA, for Defendant-Appellant/Cross-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case arises out of a complex set of contractual relationships between the Wisconsin Alumni Research Foundation, the patent-management entity for the University of Wisconsin; certain research scientists at the University; and Xenon Pharmaceuticals, a Canadian drug company. The Foundation and Xenon jointly own the patent rights to an enzyme that can lower cholesterol levels in the human body. The enzyme's cholesterol-reducing benefits were...

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