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IN RE BRCA1- & BRCA2-BASED HEREDITARY CANCER TEST

Nos. 2014-1361, 2014-1366.

774 F.3d 755 (2014)

In re BRCA1- and BRCA2-BASED HEREDITARY CANCER TEST PATENT LITIGATION. University of Utah Research Foundation, the Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, Endorecherche, Inc., and Myriad Genetics, Inc., Plaintiffs-Appellants, v. Ambry Genetics Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 17, 2014.

Attorney(s) appearing for the Case

Jonathan E. Singer, Fish & Richardson P.C., of Minneapolis, MN, argued for plaintiffs-appellants. With him on the brief were Deanna J. Reichel; and Geoff D. Biegler, of San Diego, CA. Of counsel on the brief were David G. Mangum, Michael R. McCarthy, Kristine E. Johnson, and C. Kevin Speirs, Parsons Behle & Latimer, of Salt Lake City, UT.

William G. Gaede, McDermott Will & Emery LLP, of Menlo Park, CA, argued for defendant-appellee. With him on the brief were Eric W. Hagen and James W. Hill; M. Miller Baker and Daniel K. Greene, of Washington, DC, and John C. Low, of Houston, TX.

Sandra S. Park, American Civil Liberties Union Foundation of New York, New York for amici curiae. With her on the brief was Lenora M. Lapidus. Of counsel on the brief was Barbara Jones, AARP Foundation Litigation of Pasadena, CA.

Before PROST, Chief Judge, CLEVENGER and DYK, Circuit Judges.

Plaintiffs are the University of Utah Research Foundation, The Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, Endorecherche, Inc., and Myriad Genetics, Inc. (collectively "Myriad"). Myriad owns U.S. Patent No. 5,753,441 ("the '441 patent"), U.S. Patent No. 5,747,282 ("the '282 patent...

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