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AMERICAN HOSP. SUPPLY CORP. v. TRAVENOL LAB.

Appeal No. 83-1401.

745 F.2d 1 (1984)

AMERICAN HOSPITAL SUPPLY CORPORATION and Massachusetts General Hospital, Appellants, v. TRAVENOL LABORATORIES, INC., Pfrimmer & Company, and U.S. International Trade Commission, Appellees.

United States Court of Appeals, Federal Circuit.

September 26, 1984.

Attorney(s) appearing for the Case

E. Anthony Figg, Washington, D.C., argued for appellants. With him on brief were G. Franklin Rothwell and Scott M. Daniels, Washington, D.C.

Granger Cook, Jr., Chicago, Ill., argued for appellees, Travenol Laboratories, Inc., et al.

John R. Crossan, Chicago, Ill., Paul C. Flattery, Lawrence W. Flynn and Max D. Hensley, Deerfield, Ill., of counsel.

William E. Perry, Washington, D.C., argued for appellee Intern. Trade Com'n. With him on brief were Michael H. Stein, Gen. Counsel, and Michael P. Mabile, Asst. Gen. Counsel, Washington, D.C.

Before SMITH, Circuit Judge, SKELTON, Senior Circuit Judge, and NIES, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

In this unfair competition case under 19 U.S.C. § 1337 (1982), appellants American Hospital Supply Corporation and Massachusetts General Hospital (American) appeal from the determination of the U.S. International Trade Commission (Commission), that appellees Travenol Laboratories, Inc., and Pfrimmer & Company (Travenol) are not in violation of section 1337 because they do not infringe Fischer, U.S. patent No. 3,950,529 (the...

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