No. 2010-1401.

642 F.3d 1031 (2011)

BILLUPS-ROTHENBERG, INC., Plaintiff-Appellant, v. ASSOCIATED REGIONAL AND UNIVERSITY PATHOLOGISTS, INC. (doing business as ARUP Laboratories) and Bio-Rad Laboratories, Inc., Defendants-Appellees, and Does 2-20, Defendants.

United States Court of Appeals, Federal Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Robert D. Fish , Fish & Associates, P.C., of Irvine, CA, argued for plaintiff-appellant.

Brian C. Cannon , Quinn Emanuel Urquhart & Sullivan, LLP, of Redwood Shore, CA, argued for defendants-appellees. With him on the brief were Kevin P.B. Johnson ; and Rory S. Miller and Kristin J. Madigan , of Los Angeles, CA.

Before GAJARSA, LINN, and MOORE, Circuit Judges.

GAJARSA, Circuit Judge.

This is an appeal from a patent infringement action involving a genetic test for Type I hereditary hemochromatosis. Billups-Rothenberg, Inc. ("Billups") sued Associated Regional and University Pathologists, Inc. ("ARUP") and Bio-Rad Laboratories, Inc. ("Bio-Rad") alleging infringement of U.S. Patent Nos. 5,674,681 ("'681 patent") and 6,355,425 ("'425 patent") (collectively, "patents-in-suit"). The parties filed cross-motions for summary judgment...

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