VANDERBILT UNIVERSITY v. ICOS CORP.

No. 2009-1258.

601 F.3d 1297 (2010)

VANDERBILT UNIVERSITY, Plaintiff-Appellant, v. ICOS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2010.


Attorney(s) appearing for the Case

Robert S. Brennen, Miles & Stockbridge P.C., of Baltimore, MD, argued for plaintiff-appellant. With him on the brief were Donald E. English, Jr.; Kurt C. Rommel and James T. Carmichael, of McLean, VA. Of counsel were Leona Marx and David Williams, II, Vanderbilt University, of Nashville, TN.

Kevin M. Flowers, Marshall, Gerstein & Borun LLP, of Chicago, IL, argued for defendant-appellee. With him on the brief were Thomas I. Ross and Matthew C. Nielsen. Of counsel on the brief were Paul R. Cantrell, Donald L. Corneglio and Dan L. Wood, Eli Lilly and Company, of Indianapolis, IN.

Before MICHEL, Chief Judge, CLEVENGER and DYK, Circuit Judges.


CLEVENGER, Circuit Judge.

This is an appeal from the United States District Court for the District of Delaware in a patent action that Vanderbilt University ("Vanderbilt") brought against ICOS Corporation ("ICOS") on July 20, 2005. Vanderbilt filed suit under 35 U.S.C. § 256 alleging that Vanderbilt scientists Jackie D. Corbin ("Dr. Corbin"), Sharron H. Francis ("Dr. Francis"), and Sekhar R. Konjeti ("Dr. Konjeti")...

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