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RAPID LITIGATION MANAGEMENT LTD. v. CELLZDIRECT

2015-1570.

827 F.3d 1042 (2016)

RAPID LITIGATION MANAGEMENT LTD., formerly Celsis Holdings, Inc., in Vitro, Inc., Plaintiffs-Appellants v. CELLZDIRECT, INC., a Delaware Corporation and wholly-owned Subsidiary, Invitrogen Corporation, a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: July 5, 2016.

Attorney(s) appearing for the Case

ANDREW JOHN PINCUS , Mayer Brown LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by PAUL WHITFIELD HUGHES ; ADAM GLENN KELLY , JOHN A. COTIGUALA , Loeb & Loeb LLP, Chicago, IL; LAURA ANN WYTSMA , Los Angeles, CA.

DAVID G. MANGUM , Parsons Behle & Latimer, Salt Lake City, UT, argued for defendants-appellees. Also represented by C. KEVIN SPEIRS .

LYNN PASAHOW , Fenwick & West, LLP, Mountain View, CA, for amicus curiae National Venture Capital Association. Also represented by CAROLYN CHANG , MICHAEL JEFFREY SHUSTER .

ALICE O. MARTIN , Barnes & Thornburg LLP, Chicago, IL, for amicus curiae Biotechnology Industry Organization. Also represented by BRADLEY JOHN OLSON , Washington, DC; HANSJORG SAUER , Biotechnology Industry Organization, Washington, DC.

Before PROST, Chief Judge, MOORE and STOLL, Circuit Judges.

Appellants seek review of the district court's summary judgment determination that U.S. Patent No. 7,604,929 ("'929 patent") is invalid under 35 U.S.C. § 101. The district court concluded that the '929 patent is directed to a patent-ineligible law of nature — that hepatocytes are capable of surviving multiple freeze...

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