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BIOGEN, INC. v. SCHERING AG

C.A. No. 96-10916-MLW.

954 F.Supp. 391 (1996)

BIOGEN, INC., Plaintiff, v. SCHERING AG, Berlex Laboratories, Inc. and Board of Trustees of the Leland Stanford, Jr. University, Defendants.

United States District Court, D. Massachusetts.

As amended December 4, 1996.

Attorney(s) appearing for the Case

William F. Lee, David B. Bassett, Hale & Dorr, Boston, MA, Albert E. Fey, James F. Haley, Gerald J. Flattmann, Douglas J. Gilbert, Fish & Neave, New York City, for Biogen, Inc.

Arnold P. Messing, Eric J. Marandett, Choate, Hall & Stewart, Boston, MA, Doborah D. Borsinger, Berlex Laboratories, Assistant General Counsel, Wayne, NJ, for Berlex Laboratories.

James S. DeGraw, Ropes & Gray, Boston, MA, for Board of Trustees of the Leland Stanford, Jr. University.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. INTRODUCTION

On May 3, 1996, Plaintiff Biogen, Inc. ("Biogen") filed this action seeking a declaration that its Avonex product does not infringe defendants' McCormick '567 patent (the "'567 Patent") and that the '567 Patent is invalid. Biogen did not, however, attempt to serve its complaint immediately on the defendants. On July 3, 1996, defendant Berlex Laboratories, Inc. ("Berlex") filed its...

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