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UNIVERSITY OF UTAH v. MAX-PLANCK-GESELLSCHAFT ZUR FORDERUNG DER WISSENSCHAFTEN E.V.

Nos. 2012-1540, 2012-1541, 2012-1661.

734 F.3d 1315 (2013)

UNIVERSITY OF UTAH, Plaintiff-Appellee, v. MAX-PLANCK-GESELLSCHAFT ZUR FORDERUNG DER WISSENSCHAFTEN E.V., Max-Planck-Innovation GmbH, Whitehead Institute for Biomedical Research, Massachusetts Institute of Technology, and Alnylam Pharmaceuticals, Inc., Defendants-Appellants, and Robert L. Caret, James R. Julian, Jr., David J. Gray, and James P. McNamara, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing En Banc Denied November 12, 2013.

Attorney(s) appearing for the Case

Mark S. Carlson , Hagens Berman Sobol Shapiro, LLP, of Seattle, WA, argued for plaintiff-appellee. With him on the brief was Steve W. Berman .

David I. Gindler , Irell & Manella, LLP, of Los Angeles, CA, argued for all defendants-appellants. With him on the brief were Morgan Chu , and Alan J. Heinrich . Of counsel on the brief were Sandra L. Haberny , of Newport Beach, CA; and Thomas F. Maffei and Scott McConchie , Griesinger, Tighe & Maffei, L.L.P., of Boston, MA.

Dissenting opinion filed by Circuit Judge MOORE.

REYNA, Circuit Judge.

The University of Utah ("UUtah") brought this lawsuit to correct inventorship of U.S. Patent Nos. 7,056,704 and 7,078,196 (the "Tuschl Patents"). Originally, UUtah named as defendants the assignees ("Assignees") of the Tuschl Patents: Max-Planck-Gesellschaft zur Forderung der Wissenschaften e.V., Max-Planck-Innovation GmbH, Whitehead Institute for Biomedical Research, Massachusetts Institute of Technology...

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