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BAXTER HEALTHCARE CORP. v. HEALTHDYNE, INC.

No. 90-8370.

944 F.2d 1573 (1991)

BAXTER HEALTHCARE CORP., Plaintiff-Appellant, Cross-Appellee, v. HEALTHDYNE, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 22, 1991.

Attorney(s) appearing for the Case

David S. Currie, Charles A. Ratz, Gray, Gilliland & Gold, Atlanta, Ga., for plaintiff-appellant, cross-appellee.

William A. Clineburg, Jr., Daniel James King, King & Spalding, Atlanta, Ga., for defendant-appellee, cross-appellant.

Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge.

Baxter, known throughout this case as Travenol, is primarily engaged in the sale of disposable hospital products including distilled water. It desired to obtain and to market a humidifier system that would warm and humidify the air breathed by hospitalized patients with impaired breathing capabilities who were connected to respiratory therapy systems. The humidifier would be composed of a disposable canister in which liquid would be...

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