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ABBOTT LABORATORIES v. DIAMEDIX CORP.

No. 94-1345.

47 F.3d 1128 (1995)

ABBOTT LABORATORIES, Plaintiff-Appellee, v. DIAMEDIX CORPORATION, Proposed Intervenor-Appellant, v. ORTHO DIAGNOSTIC SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 7, 1995.

Attorney(s) appearing for the Case

Daniel E. Reidy, Jones, Day, Reavis & Pogue, Chicago, IL, argued for plaintiff-appellee. With him on the brief was Kevin G. McBride, Allison J. Zousmer and Sandra B. Weiss, of counsel.

George H. Gerstman, Gerstman, Ellis & McMillin, Ltd., Chicago, IL, argued for proposed intervenor-appellant. With him on the brief was Terrence W. McMillin.

Harry J. Roper and Raymond N. Nimrod, Roper & Quigg, Chicago, IL, were on the brief for defendant-appellee.

Before RICH, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

Diamedix Corporation appeals from an order denying its motion to intervene in a patent infringement action. The action was brought by Abbott Laboratories, which held a license from Diamedix, against a third party, Ortho Diagnostic Systems, Inc. We conclude that the district court should have permitted Diamedix to join the lawsuit as a party-plaintiff. The order of the district court denying the motion to intervene is therefore reversed.

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