Legal Opinion
Biogen Idec, Inc. v. GlaxoSmithKline LLC
Court of Appeals for the Federal Circuit
Decided April 16, 2013No. 2012-1120PublishedCited by 78 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge REYNA.
Dissenting opinion filed by Circuit Judge PLAGER.
*1092REYNA, Circuit Judge.
Biogen Idee Inc. and Genentech, Inc. (collectively, “Biogen”) seek review of the district court’s construction of the disputed claim term “anti-CD20 antibody” that narrowed the term based on prosecution history disclaimer. Under that construction, Biogen stipulated that it could not prove infringement by GlaxoSmithKline LLC and Glaxo Group Ltd. (collectively, “GSK”). Biogen took that approach in order to appeal the district court’s claim construction. We conclude that the…
2Cases cited16 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
- Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
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3Cited by78 opinions
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- Fenner Investments, Ltd. v. Cellco PartnershipCourt of Appeals for the Federal Circuit · 2015
- Technology Properties Limited v. Huawei Technologies Co., Ltd.Court of Appeals for the Federal Circuit · 2017
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