Opinion
2013-1046
11-06-2013
E8 PHARMACEUTICALS, LLC AND THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiffs-Appellants, v. AFFYMETRIX, INC. AND NAVIGENICS, INC., Defendants-Appellees.
JOHN B. WYSS, Wiley Rein LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were JAMES H. WALLACE, JR., MARK A. PACELLA, and GREGORY R. LYONS. PETER E. ROOT, Kaye Scholer LLP, of Palo Alto, California, argued for defendants-appellees. With him on the brief were MICHAEL J. MALECEK, SEAN M. BOYLE, and GARY ROSS ALLEN.
NOTE: This disposition is nonprecedential.
Appeal from the United States District Court for the District of Massachusetts in consolidated No. 08-CV-11132, Judge George A. O'Toole, Jr.
JOHN B. WYSS, Wiley Rein LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were JAMES H. WALLACE, JR., MARK A. PACELLA, and GREGORY R. LYONS.
PETER E. ROOT, Kaye Scholer LLP, of Palo Alto, California, argued for defendants-appellees. With him on the brief were MICHAEL J. MALECEK, SEAN M. BOYLE, and GARY ROSS ALLEN.
Before LOURIE, DYK, and O'MALLEY, Circuit Judges. PER CURIAM.
We affirm the judgment of noninfringement in favor of Affymetrix, Inc. and Navigenics, Inc. We base our decision solely on our agreement with the district court's construction of the phrase "randomly primed PCR-derived RCG." We do not reach any other issues raised on appeal.