REGENTS OF UNIV. OF CAL. v. DAKOCYTOMATION CAL.

Nos. 2006-1334, 2006-1452, 2007-1202.

517 F.3d 1364 (2008)

The REGENTS OF the UNIVERSITY OF CALIFORNIA, Abbott Molecular, Inc., and Abbott Laboratories, Inc., Plaintiffs-Appellants, v. DAKOCYTOMATION CALIFORNIA, INC., Defendant-Appellee. The Regents of the University of California, Abbott Molecular, Inc., and Abbott Laboratories, Inc., Plaintiffs-Appellants, v. Dako A/S, and Dako North America, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 28, 2008.


Attorney(s) appearing for the Case

James F. Hurst, Winston & Strawn, LLP, of Chicago, IL, argued for plaintiffs-appellants. On the briefs were Lynn H. Pasahow, Heather N. Mewes, Carolyn C. Chang, and C.J. Alice Chuang, Fenwick & West, LLP, of Mountain View, CA. Of counsel was Virginia K. DeMarchi.

Thomas H. Jenkins, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for all defendants-appellees. With him on the briefs were Anthony C. Tridico, of Washington, DC, and Tina E. Hulse and David C. Hoffman, of Palo Alto, CA. On the brief for defendant-appellee Dakocytomation California, Inc. was Richard J. Smith, of Palo Alto, CA.

Before MAYER, LOURIE, and PROST, Circuit Judges.


Opinion for the court filed by Circuit Judge LOURIE. Opinion dissenting in part filed by Circuit Judge PROST.

LOURIE, Circuit Judge.

The Regents of the University of California and Abbott Molecular Inc. and Abbott Laboratories Inc. (collectively referred to as "appellants") appeal from two decisions of the United States District Court for the Northern District of California. Appellants first appeal the district court's denial of their motion for a preliminary...

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