HYBRITECH INC. v. ABBOTT LABORATORIES

No. 87-1467.

849 F.2d 1446 (1988)

HYBRITECH INCORPORATED, Plaintiff-Appellee, v. ABBOTT LABORATORIES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 17, 1988.


Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Charles E. Lipsey and Thomas H. Jenkins.

C. Lee Cook, Jr., Chadwell, Kayser, Ltd., Chicago, Ill., argued for defendant-appellant. With him on the brief were Richard S. Rhodes, Robert F. Ward and Lynn P. Hagman. Also on the brief were Jeffrey L. Weinberger and Steven M. Perry, Munger, Tolles & Olson, of Los Angeles, Cal., Mark E. Barmak, Dennis K. Shelton and Edward L. Michael, Abbott Laboratories, North Chicago, Ill.

Before DAVIS and SMITH, Circuit Judges, and BALDWIN, Senior Circuit Judge.


EDWARD S. SMITH, Circuit Judge.

In this patent case, the United States District Court for the Central District of California issued a preliminary injunction order enjoining Abbott Laboratories (Abbott) from manufacturing, using, or selling monoclonal antibody sandwich assays that infringe claims of Hybritech Inc.'s (Hybritech) United States Patent No. 4,376,110 ('110 patent).1 This injunction was stayed by the district court pending Abbott...

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