VENTANA MEDICAL SYSTEMS v. BIOGENEX LABORATORIES

No. 06-1074.

473 F.3d 1173 (2006)

VENTANA MEDICAL SYSTEMS, INC., Plaintiff-Appellant, v. BIOGENEX LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 29, 2006.


Attorney(s) appearing for the Case

Ron E. Shulman, Wilson Sonsini Goodrich & Rosati, of Palo Alto, CA, argued for plaintiff-appellant. With him on the brief were Roger J. Chin, and Nicole W. Stafford, of Austin, TX.

Peter B. Goldman, Leonard Felker Altfeld Greenberg & Battaile, P.C., of Tucson, AZ, argued for defendant-appellee. With him on the brief were Jeffrey H. Greenberg and Lorenzo B. Cellini.

Before LOURIE, DYK, and PROST, Circuit Judges.


PROST, Circuit Judge.

Plaintiff-Appellant, Ventana Medical Systems, Inc. ("Ventana") appeals the decision of the United States District Court for the District of Arizona granting judgment of noninfringement of U.S. Patent No. 6,352,861 (the "'861 patent") in favor of Defendant-Appellee, BioGenex Laboratories, Inc. ("BioGenex"). Because the district court erred in its claim construction, we vacate the judgment of noninfringement...

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