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NOVOZYMES A/S v. DuPONT NUTRITION BIOSCIENCES APS

No. 2012-1433.

723 F.3d 1336 (2013)

NOVOZYMES A/S, and Novozymes North America, Inc., Plaintiffs-Appellants, v. DuPONT NUTRITION BIOSCIENCES APS (formerly Danisco A/S), Genencor International Wisconsin, Inc., Danisco U.S. Inc., and Danisco USA Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 22, 2013.

Attorney(s) appearing for the Case

David K. Tellekson , Fenwick & West, LLP, of Seattle, WA, argued for plaintiffs-appellants. With him on the brief were Virginia K. DeMarchi , Melanie L. Mayer , Jeffrey V. Lasker , and Ewa M. Davison. Of counsel was Brian D. Buckley.

Charles E. Lipsey , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Reston, VA, argued for defendants-appellees. With him on the brief were Howard W. Levine and Lillian M. Robinson , of Washington, DC; Jennifer S. Swan , of Palo Alto, CA. Of counsel on the brief were Tracey B. Davies , Gibson Dunn & Crutcher, LLP, of Dallas, TX; and Michael A. Valek , Vinson & Elkins, LLP, of Austin, TX.

Dissenting opinion filed by Chief Judge RADER.

SCHALL, Circuit Judge.

Plaintiffs-Appellants Novozymes A/S and Novozymes North America, Inc. (collectively, "Novozymes") and Defendants-Appellees DuPont Nutrition Biosciences APS, Genencor International Wisconsin, Inc., Danisco U.S. Inc., and Danisco USA Inc. (collectively, "DuPont") are competitors in the market for enzyme preparations used in a variety of commercial applications, including ethanol production. On May 11...

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