GENERAL HOSPITAL CORP. v. ESOTERIX GENETIC LAB.

Nos. 20-2126, 20-2149.

16 F.4th 304 (2021)

The GENERAL HOSPITAL CORPORATION; Dana-Farber Cancer Institute, Inc., Plaintiffs, Appellees/Cross-Appellants, v. ESOTERIX GENETIC LABORATORIES, LLC, Defendant, Appellant/Cross-Appellee. Laboratory Corporation of America Holdings, a/k/a Laboratory Corporation of America, Defendant, Cross-Appellee.

United States Court of Appeals, First Circuit.

October 7, 2021.


Attorney(s) appearing for the Case

Christopher R. Howe , with whom Campbell Conroy & O'Neil, P.C., Robert I. Steiner , Jaclyn M. Metzinger , and Kelley Drye & Warren LLP were on brief, for defendants.

Douglas J. Nash , with whom Carolyn M. Crowley and Barclay Damon LLP were on brief, for plaintiffs.

Before Lynch, Selya, and Barron, Circuit Judges.


Although these appeals arise out of a dispute between sophisticated entities concerning intellectual-property rights, they turn on abecedarian principles of contract law. Those principles, though familiar, are often difficult to apply. Because the court below erred in applying the pertinent principles to the documents at hand...

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