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ROCHE MOLECULAR SYSTEMS, INC. v. CEPHEID

2017-1690.

905 F.3d 1363 (2018)

ROCHE MOLECULAR SYSTEMS, INC., Plaintiff-Appellant v. CEPHEID, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 9, 2018.

Attorney(s) appearing for the Case

STEPHEN S. RABINOWITZ , Hughes Hubbard & Reed LLP, New York, NY, argued for plaintiff-appellant. Also represented by JAMES W. DABNEY , MITCHELL EPNER , PATRICE POLYXENE JEAN , DAVID E. LANSKY , LYNN M. RUSSO .

ERIK R. PUKNYS , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Palo Alto, CA, argued for defendant-appellee. Also represented by MICHAEL PAUL BARKER ; GRANT L. KIM , WESLEY ELLSWORTH OVERSON , Morrison & Foerster LLP, San Francisco, CA.

Concurring opinion filed by Circuit Judge O'Malley.

Appellant Roche Molecular Systems, Inc. ("Roche") owns U.S. Patent No. 5,643,723 ("the '723 patent"), titled "Detection of a Genetic Locus Encoding Resistance to Rifampin in Microbacterial Cultures and in Clinical Specimens." The United States District Court for the Northern District of California found that the asserted claims...

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