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ASYMMETRX, INC. v. BIOCARE MEDICAL, LLC

No. 2009-1094.

582 F.3d 1314 (2009)

ASYMMETRX, INC., Plaintiff-Appellant, v. BIOCARE MEDICAL, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 18, 2009.

Attorney(s) appearing for the Case

Steven M. Bauer, Proskauer Rose, LLP, of Boston, MA, argued for plaintiff-appellant. Of counsel was Amy Crafts.

Douglas B. Otto, Morrison Mahoney LLP, of Boston, MA, argued for defendant-appellee. With him on the brief was Jill K. Hauff.

Before LOURIE, RADER, Circuit Judges, and CLARK, District Judge.

LOURIE, Circuit Judge.

AsymmetRx, Inc. ("AsymmetRx") appeals from the final judgment of the United States District Court for the District of Massachusetts granting summary judgment in favor of Biocare Medical, LLC ("Biocare"). AsymmetRx, Inc. v. Biocare Med. LLC, 578 F.Supp.2d 333 (D.Mass. 2008). Because we conclude that AsymmetRx does not have statutory standing to pursue this action absent the participation of the...

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