CLASSEN IMMUNOTHERAPIES, INC., Plaintiff-Appellant,
v.
BIOGEN IDEC, Defendant-Appellee,
GlaxoSmithKline, Defendant-Appellee,
Merck & Co., Inc., Defendant-Cross-Appellant,
Chiron Corporation, Kaiser-Permanente, Inc., Kaiser Permanente Ventures, Kaiser Permanente International, Kaiser Permanente Insurance Company, the Permanente Federation, LLC, the Permanente Company, LLC, the Permanente Foundation, the Permanente Medical Group, Inc., Kaiser Foundation Hospitals, Kaiser Foundation Added Choice Health Plan, Inc., and Kaiser Foundation Health Plan Inc., Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 31, 2011.
August 31, 2011.
Attorney(s) appearing for the Case
Joseph J. Zito , Zito tlp, of Washington, DC, for plaintiff-appellant.
Opinion for the court filed by Circuit Judge NEWMAN. Additional views filed by Chief Judge RADER, in which Circuit Judge NEWMAN joins. Dissenting opinion filed by Circuit Judge MOORE.
United States Court of Appeals, Federal Circuit.
NEWMAN, Circuit Judge.
This appeal reaches us on remand from the Supreme Court,1 the Court having vacated our decision in Classen Immunotherapies, Inc. v. Biogen Idec, 304 Fed.Appx. 866 (Fed.Cir.2008), in view of the Court's decision in Bilski v. Kappos, 561 U.S. ___, 130 S.Ct. 3218, 177 L.Ed.2d 792 (2010). We have received additional briefing, and now reconsider the appeal of the district...
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