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XY, LLC v. TRANS OVA GENETICS

2016-2054 2016-2136.

890 F.3d 1282 (2018)

XY, LLC, Plaintiff-Cross-Appellant v. TRANS OVA GENETICS, L.C., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: May 23, 2018.

Attorney(s) appearing for the Case

PRATIK A. SHAH , Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, DC, argued for plaintiff-cross-appellant. Also represented by ZE-WEN JULIUS CHEN ; DANIEL LYNN MOFFETT , KIRT S. O'NEILL , San Antonio, TX.

CHARLES DANIEL OSSOLA , Hunton & Williams LLP, Washington, DC, argued for defendant-appellant. Also represented by DAVID A. KELLY , Atlanta, GA; DONALD EARL LAKE, III , GEORGE GUY MATAVA , SAMANTHA KAY PICANS , Lewis Brisbois Bisgaard & Smith, Denver, CO.

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge Newman.

Plaintiff-Cross-Appellant XY, LLC (XY) sued Defendant-Appellant Trans Ova Genetics, L.C. (Trans Ova) for patent infringement and breach of contract. Trans Ova counterclaimed, alleging patent invalidity, breach of contract, and antitrust violations. The district court granted summary judgment in favor of XY on Trans Ova's antitrust...

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