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BIOGEN IDEC, INC. v. GLAXOSMITHKLINE LLC

No. 2012-1120.

713 F.3d 1090 (2013)

BIOGEN IDEC, INC. and Genentech, Inc., Plaintiffs-Appellants, v. GLAXOSMITHKLINE LLC and Glaxo Group Limited, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 16, 2013.

Attorney(s) appearing for the Case

John Allcock , DLA Piper LLP, of San Diego, CA, argued for plaintiffs-appellants. With him on the brief were Kathryn Riley Grasso , Stanley J. Panikowski and Aaron Fountain . Of counsel on the brief were Meredith Martin Addy , Steptoe & Johnson, LLP, of Chicago, IL. Of counsel was Rama C. Elluru , of Washington, DC.

Lisa M. Ferri , Mayer Brown LLP, of New York, NY, argued for defendants-appellees. With her on the brief were Brian W. Nolan ; Vera A. Nackovic and Andrea C. Hutchinson , of Chicago, IL.

Dissenting opinion filed by Circuit Judge PLAGER.

REYNA, Circuit Judge.

Biogen Idec Inc. and Genentech, Inc. (collectively, "Biogen") seek review of the district court's construction of the disputed claim term "anti-CD20 antibody" that narrowed the term based on prosecution history disclaimer. Under that construction, Biogen stipulated that it could not prove infringement by GlaxoSmithKline LLC and Glaxo Group Ltd. (collectively, "GSK"). Biogen took that approach in order...

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