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PROMEGA CORP. v. LIFE TECHNOLOGIES CORP.

No. 2011-1263.

674 F.3d 1352 (2012)

PROMEGA CORPORATION, Plaintiff-Appellant, and Max-Planck-Gesellschaft Zur Forderung Der Wissenschaften E.V., Plaintiff, v. LIFE TECHNOLOGIES CORPORATION, Invitrogen IP Holdings, Inc., and Applied Biosystems, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 28, 2012.

Attorney(s) appearing for the Case

James R. Troupis , Troupis Law Office LLC, of Middleton, WI, argued for plaintiff-appellant. With him on the brief was Susan R. Podolsky , of Alexandria, VA.

Kristine E. Johnson , Parsons Behle & Latimer, Salt Lake City, UT, argued for defendants-appellees. With her on the brief was Francis M. Wikstrom . Of counsel on the brief were Amy Sun and Kurtis D. MacFerrin , Life Technologies Corporation, of Carlsbad, CA.

Before RADER, Chief Judge, NEWMAN and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

DYK, Circuit Judge.

Promega Corporation ("Promega") appeals a decision of the United States District Court for the Western District of Wisconsin granting Invitrogen IP Holdings, Inc.'s ("IP Holdings") motion to compel arbitration. Promega Corp. v. Life Techs. Corp., No. 10-cv-281 (W.D.Wis. Feb. 16, 2011) ("Arbitration Order"). Because the district...

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