Enzo Biochem, Inc. v. Gen-Probe Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
ORDER
A petition for rehearing was filed by the plaintiff-appellant, and a response thereto was invited by the court and filed by the defendants-appellees. The United States Patent and Trademark Office and Fish & Richardson P.C. filed briefs as amici curiae. This matter was referred first to the merits panel that heard this appeal, which vacated its earlier decision and prepared a revised decision for issuance. Thereafter, at the request of a non-panel judge, an en banc poll was conducted concerning whether the appeal ought to be heard en banc. The poll failed. Circuit Judges RADER, GAJARSA,…
Also in this document: Concurrence · Lourie; Concurrence · Newman; Concurrence · Dyk; Dissent · Rader; Dissent · Linn.
2Cases cited51 opinions
- Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.Supreme Court of the United States · 2002
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Vas-Cath Incorporated and Gambro, Inc. v. Sakharam D. Mahurkar, and Quinton Instruments CompanyCourt of Appeals for the Federal Circuit · 1991
- Lawrence B. Lockwood v. American Airlines, Inc.Court of Appeals for the Federal Circuit · 1997
- The Regents of the University of California v. Eli Lilly and CompanyCourt of Appeals for the Federal Circuit · 1997
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3Cited by93 opinions
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- University of Rochester v. G.D. Searle & Co., Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.Court of Appeals for the Federal Circuit · 2004
- Koito Manufacturing Co., Ltd. And North American Lighting, Inc., Plaintiffs-Cross v. Turn-Key-Tech, LLC and Jens Ole SorensenCourt of Appeals for the Federal Circuit · 2004
- ICU Medical, Inc. v. Alaris Medical Systems, Inc.Court of Appeals for the Federal Circuit · 2009
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