NOTE: This disposition is nonprecedential.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-CV-11132, 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.
22 E8 PHARMACEUTICALS, LLC v. AFFYMETRIX, INC.
Before LOURIE, DYK, and O’MALLEY, Circuit Judges.
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.