CLASSEN IMMUNOTHERAPIES v. ELAN PHARMACEUTICALS

No. 2014-1671.

786 F.3d 892 (2015)

CLASSEN IMMUNOTHERAPIES, INC., a Maryland Corporation, Plaintiff-Appellant John Barthelow Classen, Counterclaim Defendant v. ELAN PHARMACEUTICALS, INC., a Delaware Corporation, Defendant/Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

May 13, 2015.


Attorney(s) appearing for the Case

Joseph J. Zito,   DNL Zito, Washington, DC, argued for plaintiff-appellant.

James B. Monroe, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for defendant/counterclaimant-appellee. Also represented by Paul William Browning.

Before PROST, Chief Judge, LOURIE, Circuit Judge, and GILSTRAP, District Judge.


Classen Immunotherapies, Inc. ("Classen") appeals from the decision of the United States District Court for the District of Maryland granting summary judgment that Elan Pharmaceuticals, Inc. ("Elan") did not infringe U.S. Patent 6,584,472 ("the '472 patent") based on the safe harbor provision of 35 U.S.C. § 271(e)(1)...

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