Omar Khan , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for defendants-appellees Roche Molecular Systems, Inc., Roche Diagnostics Corporation, Roche Diagnostics Operations, Inc., Roche NimbleGen, Inc., Becton Dickinson and Company, Becton Dickinson Diagnostics Inc., GeneOhm Sciences Inc. Also represented by Robert J. Gunther, Jr. , Christopher R. Noyes ; William G. McElwain , Thomas Saunders , Washington, DC.
Before Prost, Chief Judge, Reyna and Wallach, Circuit Judges.
Prost, Chief Judge.
Enzo Life Sciences, Inc. ("Enzo") appeals the decision of the U.S. District Court for the District of Delaware granting summary judgment against Enzo and holding that the asserted claims are invalid for lack of enablement. We affirm as to non-enablement and do not reach the other issues presented on appeal.
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