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CLEVELAND CLINIC FOUNDATION v. TRUE HEALTH DIAGNOSTICS LLC

2018-1218.

CLEVELAND CLINIC FOUNDATION, CLEVELAND HEARTLAB, INC., Plaintiffs-Appellants v. TRUE HEALTH DIAGNOSTICS LLC, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Decided: April 1, 2019.

Attorney(s) appearing for the Case

LAWRENCE D. ROSENBERG , Jones Day, Washington, DC, argued for plaintiffs-appellants. Also represented by SUSAN M. GERBER , CALVIN GRIFFITH , Cleveland, OH.

ADAM LOUIS MARCHUK , Perkins Coie LLP, Chicago, IL, argued for defendant-appellee. Also represented by MARK T. SMITH ; DAN L. BAGATELL , Hanover, NH. DAVID MOVIUS , McDonald Hopkins LLC, Cleveland, OH, for amicus curiae Raymond A. Mercado.

SCOTT A. M. CHAMBERS , Porzio, Bromberg & Newman, PC, Washington, DC, for amici curiae Walter Matystik , Adam Mossoff , Kristen J. Osenga , Michael Risch , Ted M. Sichelman , David O. Taylor . Also represented by MATTHEW ZAPADKA , Bass, Berry & Sims, PLC, Washington, DC.

Before LOURIE, MOORE, and WALLACH, Circuit Judges.

NOTE: This disposition is nonprecedential

The Cleveland Clinic Foundation and Cleveland HeartLab, Inc., (collectively, "Cleveland Clinic") appeal from a decision of the United States District Court for the Eastern District of Virginia, dismissing their complaint for patent infringement under Rule 12(b)(6) and holding...

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