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ANTICANCER, INC. v. PFIZER, INC.

No. 2013-1056.

769 F.3d 1323 (2014)

ANTICANCER, INC., Plaintiff-Appellant, v. PFIZER, INC., Defendant-Appellee, and Crown Bioscience, Inc., Defendant-Appellee, and Does 1-10, Defendants.

United States Court of Appeals, Federal Circuit.

October 20, 2014.

Attorney(s) appearing for the Case

Richard A. Clegg , Law Office of Richard Clegg, of San Diego, CA, argued for plaintiff-appellant.

Richard De Bodo , Bingham McCutchen LLP, of Santa Monica, CA, argued for defendant-appellee Pfizer, Inc. With him on the brief was OLGA BERSON. Of counsel on the brief was Stanley J. Panikowski , DLA Piper U.S. LLP, of San Diego, CA.

Jing James LI , LiLaw Inc., of Los Altos, CA, argued for defendant-appellee Crown Bioscience, Inc.

Before NEWMAN, REYNA, and TARANTO, Circuit Judges.

NEWMAN, Circuit Judge.

This litigation concerns patents owned by AntiCancer, Inc. on technology related to the imaging of gene expression using a green fluorescent protein linked to a gene promoter. The fluorescent protein is derived from a species of green-glowing jellyfish named Aequorea victoria. The patented inventions are described as useful for drug discovery and evaluation in cancer control and treatment.

Appeal is from the district court's summary...

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