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GENETICS INSTITUTE v. NOVARTIS VACCINES

No. 2010-1264.

655 F.3d 1291 (2011)

GENETICS INSTITUTE, LLC, Plaintiff-Appellant, v. NOVARTIS VACCINES AND DIAGNOSTICS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 23, 2011.

Attorney(s) appearing for the Case

Bradford J. Badke , Ropes & Gray LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Jeanne C. Curtis and Matthew A. Traupman. Of counsel was Christopher J. Harnett.

George A. Riley , O'Melveny & Myers LLP, of San Francisco, CA, argued for defendant-appellee. With him on the brief was George C. Yu. Of counsel on the brief was John C. Kappos , of Newport Beach, CA. Also of counsel were Polaphat Veravanich , O'Melveny & Myers LLP, of Newport Beach, CA, and Mark S. Davies , Orrick, Herrington & Sutcliffe LLP, of Washington, DC.

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Genetics Institute, LLC, ("Genetics") appeals from the decision of the United States District Court for the District of Delaware dismissing its action under 35 U.S.C. § 291 for lack of an interference in fact between certain claims of its U.S. Patent 4,868,112 (the "'112 patent") and certain claims of U.S. Patents 6,228,620 and 6,060,447 (the "'620 patent" and the "'447 patent"; collectively, the "Novartis patents"). Novartis asserts that...

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