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BIOGEN MA INC. v. EMD SERONO, INC.

2019-1133.

976 F.3d 1326 (2020)

BIOGEN MA INC., Plaintiff-Appellee v. EMD SERONO, INC., Pfizer Inc., Defendants-Appellants. Bayer Healthcare Pharmaceuticals Inc., Novartis Pharmaceuticals Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: September 28, 2020.

Attorney(s) appearing for the Case

Nicholas P. Groombridge , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, argued for plaintiff-appellee. Also represented by Peter Sandel , Eric Alan Stone , Jenny Chia Cheng Wu , Josephine Young ; David J. Ball, Jr. , Washington, DC; John D. Tortorella , Kevin H. Marino , Marino Tortorella & Boyle, PC, Chatham, NJ.

Mark Andrew Perry , Gibson, Dunn & Crutcher LLP, Washington, DC, argued for defendants-appellants. Also represented by Christine Ranney , Denver, CO; Wayne M. Barsky , Timothy P. Best , Los Angeles, CA; Jaysen Chung , San Francisco, CA.

Bruce Genderson , Williams & Connolly LLP, Washington, DC, for amicus curiae Bayer Healthcare Pharmaceuticals Inc. Also represented by David I. Berl , Seth Bowers , David M. Krinsky .

Before Newman, Linn, and Hughes, Circuit Judges.

This appeal arises from a suit filed by Biogen MA, Inc. ("Biogen") against EMD Serono, Inc. and Pfizer, Inc. (collectively "Serono") in the District of New Jersey.1 The suit alleged contributory and induced infringement of Biogen's U.S. Patent Number 7...

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