Legal Opinion
Genentech, Inc. v. Chiron Corporation
Court of Appeals for the Federal Circuit
Decided April 25, 1997No. 95-1505PublishedCited by 87 opinions
1Opinion of the Court
RICH, Circuit Judge.
I
Background
Genentech, Inc. (Genentech) appeals from the grant, by the United States District Court for the Northern District of California in No. C-94-3334 CW, 1995 WL 450846 (N.D.Cal.1995), of summary judgment in favor of Chiron Corporation (Chiron) in an interference between Genentech and Chiron involving a DNA construct on the ground that Genentech’s claimed invention is not within the scope of the sole interference count as properly interpreted. We reverse and remand to the district court for further proceedings in accordance with this opinion. 1
II
Discussion
This case…
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