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BALLARD MEDICAL PRODUCTS v. WRIGHT

No. 87-1038, 87-1064.

823 F.2d 527 (1987)

BALLARD MEDICAL PRODUCTS, Plaintiff/Appellant, v. H. Earl WRIGHT, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

July 9, 1987.

Attorney(s) appearing for the Case

Lynn G. Foster, of Salt Lake City, Utah, argued for Ballard Medical Products. With him on the brief was John R. Merkling.

H. Ross Workman, Workman, Nydegger & Jensen, of Salt Lake City, Utah, argued for Wright. With him on the brief were David O. Seeley and Kent S. Burningham.

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and SMITH, Circuit Judge.

ON MOTION TO DISMISS

ORDER

MARKEY, Chief Judge.

H. Earl Wright (Wright) has moved for dismissal of this appeal for lack of appellate jurisdiction.

BACKGROUND

On March 31, 1984, Wright and Ballard Medical Products (Ballard) entered a license agreement in which Ballard was granted the exclusive right to produce health-care products using certain foam devices claimed in Wright's U.S. Patent Nos. 3,428,222, 3,709,437, 3,937,364, 3...

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