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ENZO BIOCHEM, INC. v. APPLERA CORP.

No. 2009-1281.

599 F.3d 1325 (2010)

ENZO BIOCHEM, INC., Enzo Life Sciences, Inc., and Yale University, Plaintiffs-Appellants, v. APPLERA CORP. and Tropix, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 26, 2010.

Attorney(s) appearing for the Case

L. Gene Spears, Baker Botts L.L.P., of Houston, TX, argued for plaintiffs-appellants. With him on the brief was Michael A. Hawes.

Nicholas Groombridge, Weil, Gotshal & Manges LLP, of New York, NY, argued for defendants-appellees. With him on the brief was Jennifer H. Wu. Of counsel on the brief was Kurtis D. MacFerrin, Life Technologies Corporation, of Foster City, CA.

Before MICHEL, Chief Judge, PLAGER, and LINN, Circuit Judges.

LINN, Circuit Judge.

Enzo Biochem, Inc., Enzo Life Sciences, Inc., and Yale University (collectively, "Enzo") appeal the grant of summary judgment by the U.S. District Court for the District of Connecticut in favor of Applera Corp. and Tropix, Inc. (collectively, "Applera") that all asserted claims of U.S. Patents No. 5,328,824 ("the '824 patent"), No. 5,449,767 ("the '767 patent"), and No. 5,476,928 ("the '928 patent") are invalid as either indefinite or anticipated...

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