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INTERVET INC. v. MERIAL LIMITED

No. 2009-1568.

617 F.3d 1282 (2010)

INTERVET INC., Plaintiff-Appellee, v. MERIAL LIMITED and Merial SAS, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 4, 2010.

Attorney(s) appearing for the Case

William G. James, II , Kenyon & Kenyon LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were John R. Hutchins and Yariv Waks ; Richard L. Delucia and Michael D. Loughnane , of New York, NY. Of counsel was Patrice P. Jean , of New York, NY.

J. Patrick Elsevier , Jones Day , of San Diego, CA, argued for defendants-appellants. With him on the brief were Frank G. Smith, III and Kristen L. Melton , Alston & Bird LLP, of Atlanta, GA; Madison C. Jellins , of Palo Alto, CA. Of counsel on the brief were Judy Jarecki-Black , Merial Limited, of Duluth, GA; Edgar H. Haug , and Thomas J. Kowalski , Frommer Lawrence & Haug LLP, of New York, NY.

Before BRYSON, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST.

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge DYK.

PROST, Circuit Judge.

The present patent infringement case arises from a declaratory judgment action brought in the United States District Court for the District of Columbia on April 11, 2006. Plaintiff Intervet Inc. ("Intervet") denies infringing U.S. Patent No. 6,368,601 ("`601 patent"), owned by Defendants Merial Limited...

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