CLASSEN IMMUNOTHERAPIES, INC. v. BIOGEN IDEC

Attorney(s) appearing for the Case

Joseph J. Zito , Zito tlp, of Washington, DC, for plaintiff-appellant.

Donald R. Ware , Foley Hoag LLP, of Boston, Massachusetts, for defendant-appellee, Biogen IDEC. With him on the brief were Barabara A. Fiacco , and Jeremy A. Younkin. , Of counsel were Joshua M. Hiller , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, Massachusetts, and David A. Wilson , of Washington, DC.

George F. Pappas , Covington & Burling LLP, of Washington, DC, for defendant-appellee, GlaxoSmithKline. With him on the brief were Jeffrey B. Elikan , and Kevin B. Collins. , Of counsel was Scott C. Weidenfeller. ,

Mary B. Graham , Morris, Nichols, Arsht & Tunnell, LLP, of Wilmington, DE, for defendant-cross appellant. With her on the brief was James W. Parrett, Jr. , Of counsel on the brief were Robert L. Baechtold , Fitzpatrick, Cella, Harper & Scinto, of New York, NY; and Edward W. Murray , and Mary J. Morry , Merck & Co., Inc., of Rahway, NJ.

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.