SANOFI-AVENTIS DEUTSCHLAND GMBH v. GENENTECH, INC.

No. 2012-1454.

716 F.3d 586 (2013)

SANOFI-AVENTIS DEUTSCHLAND GMBH, Plaintiff-Appellee, v. GENENTECH, INC., Defendant-Appellant, and Biogen Idec Inc., Defendant.

United States Court of Appeals, Federal Circuit.

May 10, 2013.


Attorney(s) appearing for the Case

William E. Solander , Fitzpatrick, Cella, Harper & Scinto, of New York, NY, argued for plaintiff-appellee. With him on the brief were Dominick A. Conde , Nina Shreve , Joshua A. Davis and Lindsay Hersh .

Charles K. Verhoeven , Quinn Emanuel Urquhart & Sullivan, LLP, of San Francisco, CA, argued for defendant-appellant. With him on the brief were Victoria F. Maroulis and Eric W. Wall .

Concurring opinion filed by Circuit Judge DYK.


REYNA, Circuit Judge.

This case requires us to determine whether, based on a final judgment in the United States that a patent is not infringed, a party is entitled to an injunction preventing the patent owner from proceeding in a previously-filed foreign arbitration of a license to that patent. We conclude that under Ninth Circuit law and the facts of this case, the injunction is not warranted. We therefore affirm the district court's denial of the injunction.

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