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IN RE INNOTRON DIAGNOSTICS

Misc. No. 111.

800 F.2d 1077 (1986)

In re INNOTRON DIAGNOSTICS, Petitioner.

United States Court of Appeals, Federal Circuit.

August 27, 1986.

Attorney(s) appearing for the Case

Alicia Rosenberg of Blecher, Collins & Weinstein, Los Angeles, Cal., for petitioner. With her on brief were Maxwell M. Blecher and Donald R. Pepperman of Blecher, Collins & Weinstein, Los Angeles, Cal. Also on brief was Harold L. Jackson of Jackson & Jones, Tustin, Cal.

Jeffrey I. Weinberger of Munger, Tolles & Olson, Los Angeles, Cal., for respondent Abbott Laboratories. With him on brief were Gregory P. Stone and Steven M. Perry of Munger, Tolles & Olson, Los Angeles, Cal.

Before MARKEY, Chief Judge, FRIEDMAN and RICH, Circuit Judges.

ORDER

MARKEY, Chief Judge.

This petition for mandamus seeks to overturn an order of the district court separating issues for trial. We deny the petition.

On April 1, 1985, Innotron Diagnostics (Innotron) sued Abbott Laboratories (Abbott) in the U.S. District Court for the Central District of California, No. 85-2207, alleging that Abbott's marketing activities (contracts tying its reagents to its analyzer, bundling its reagents with other products...

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