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INVITROGEN CORP. v. CLONTECH LABORATORIES, INC.

No. 04-1039, 04-1040.

429 F.3d 1052 (2005)

INVITROGEN CORPORATION (formerly known as Life Technologies, Inc.), Plaintiff-Appellant, v. CLONTECH LABORATORIES, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

November 18, 2005.

Attorney(s) appearing for the Case

Jay I. Alexander, Milbank, Tweed, Hadley & McCloy LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Robert J. Koch and James Pooley. Of counsel on the brief were Kevin R. Casey and Harrie R. Samaras, RatnerPrestia P.C., of Valley Forge, Pennsylvania; and Alan Hammond, Invitrogen Corporation, of Carlsbad, California.

Marc R. Labgold, Patton Boggs LLP, of McLean, Virginia, argued for defendant-cross appellant. With him on the brief were Michael J. Schaengold, Richard J. Oparil, and Kevin M. Bell.

Before MICHEL, Chief Judge, RADER, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Invitrogen appeals from the judgment of the United States District Court for the District of Maryland, invalidating two hundred and twenty-one claims, in three related Invitrogen patents, as anticipated by § 102(g)(2) prior art. Invitrogen Corp. v. Clontech Labs., Inc., Nos. AW-96-4080, AW-00-1879 (D.Md. October 17, 2003) (final judgment) ("Invitrogen"). Invitrogen confessed judgment of invalidity based on the district court...

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