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OMNI MEDSCI, INC. v. APPLE INC.

2020-1715, 2020-1716.

7 F.4th 1148 (2021)

OMNI MEDSCI, INC., Plaintiff-Appellee v. APPLE INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 2, 2021.

Attorney(s) appearing for the Case

Thomas A. Lewry , Brooks Kushman PC, Southfield, MI, argued for plaintiff-appellee. Also represented by John S. Leroy , Christopher C. Smith .

Jeffrey Paul Kushan , Sidley Austin LLP, Washington, DC, argued for defendant-appellant. Also represented by Joshua John Fougere ; Brooke Shanelle Boll , Los Angeles, CA; Michael Roberts , Dallas, TX; Irene Yang , San Francisco, CA.

Sarah E. Waidelich , Honigman LLP, Ann Arbor, MI, argued for amicus curiae The Regents of the University of Michigan. Also represented by J. Michael Huget ; Rian Dawson , Detroit, MI.

Dissenting opinion filed by Circuit Judge Newman.

In this certified interlocutory appeal, Apple seeks to overturn the denial of its motion to dismiss Omni MedSci's ("Omni") patent infringement complaint for lack of standing. For the reasons below, we affirm the district court's holding that the University of Michigan ("UM") bylaws did not effectuate a present automatic assignment...

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