GENENTECH, INC. v. AMGEN, INC.

No. 01-1098.

289 F.3d 761 (2002)

GENENTECH, INC., Plaintiff-Appellant, v. AMGEN, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2002.


Attorney(s) appearing for the Case

Leora Ben-Ami, Clifford Chance Rogers & Wells, of New York, NY, argued for plaintiff-appellant. With her on the brief was John E. Kidd. Of counsel on the brief were John S. Skilton; M. Patricia Thayer; and Elizabeth A. Brown, Heller Ehrman White & McAuliffe LLP, of San Francisco, CA.

Lloyd R. Day, Jr., Day Casebeer Madrid & Batchelder LLP, of Cupertino, CA, argued for defendants-appellees. On the brief were William G. Gaede, III; Andrew A. Kumamoto; Madison C. Jellins; and Monica K. Hoppe, Cooley Godward LLP, of San Francisco, CA. Of counsel on the brief were Jackie N. Nakamura; and Jeffrey K. Lee, Day Casebeer Madrid & Batchelder LLP, of Cupertino, CA.

Before MICHEL, RADER, and SCHALL, Circuit Judges.


RADER, Circuit Judge.

On summary judgment, the U.S. District Court for the Northern District of California determined that Amgen, Inc. (Amgen) did not literally infringe Genentech, Inc.'s (Genentech's) U.S. Patent Nos. 4,704,362 (the '362 patent), 5,221,619 (the '619 patent), and 5,583,013 (the '013 patent). Genentech, Inc. v. Amgen, Inc., No. C 96-03752 WHA, slip op. at 1-2 (N.D.Cal. Oct. 12, 2000) (Amended Summary Judgment Order). The district court...

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