E8 PHARMACEUTICALS, LLC v. AFFYMETRIX, INC. , No. 13-1046 (Fed. Cir. 2013)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ E8 PHARMACEUTICALS, LLC AND THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiffs-Appellants, v. AFFYMETRIX, INC. AND NAVIGENICS, INC., Defendants-Appellees. ______________________ 2013-1046 ______________________ Appeal from the United States District Court for the District of Massachusetts in consolidated No. 08-CV11132, Judge George A. O'Toole, Jr. ______________________ Decided: November 6, 2013 ______________________ 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. 2 E8 PHARMACEUTICALS, LLC v. AFFYMETRIX, INC. ______________________ 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. AFFIRMED

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