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CELSIS IN VITRO, INC. v. CELLZDIRECT, INC.

No. 2010-1547.

664 F.3d 922 (2012)

CELSIS IN VITRO, INC., Plaintiff-Appellee, v. CELLZDIRECT, INC., and Invitrogen Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

January 9, 2012.

Attorney(s) appearing for the Case

Adam G. Kelly , Loeb & Loeb, LLP, of Chicago, IL, argued for plaintiff-appellee. With him on the brief was Jordan A. Sigale. Of counsel was Julie L. Langdon.

Francis M. Wikstrom , Parsons Behle & Latimer, of Salt Lake City, UT, argued for defendants-appellants. With him on the brief were David G. Mangum , C. Kevin Speirs and Michael R. McCarthy.

Opinion for the court filed by Chief Judge RADER. Dissenting opinion filed by Circuit Judge GAJARSA.

RADER, Chief Judge.

The United States District Court for the Northern District of Illinois granted Celsis In Vitro, Inc.'s ("Celsis") motion for a preliminary injunction against CellzDirect, Inc. and Invitrogen Corporation, now Life Technologies Corporation ("LTC"). Based on the record, the district court did not abuse its discretion. This court affirms.

I.

Celsis is the assignee of U.S. Patent No. 7,604,929 (filed Apr. 21, 2005) ("the '929 patent...

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