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JOHNS HOPKINS UNIVERSITY v. CELLPRO

Civ. A. No. 94-105-RRM.

894 F.Supp. 819 (1995)

The JOHNS HOPKINS UNIVERSITY, a Maryland corporation, Baxter Healthcare Corporation, a Delaware corporation, and Becton Dickinson and Company, a New Jersey corporation, Plaintiffs, v. CELLPRO, a Delaware corporation, Defendant.

United States District Court, D. Delaware.

As Revised August 21, 1995.

Attorney(s) appearing for the Case

William J. Marsden, Jr., Potter Anderson & Corroon, Wilmington, DE; Kenneth E. Madsen, and Steven J. Lee, Kenyon & Kenyon, New York City, for plaintiffs; Donald R. Ware, Foley, Hoag & Eliot, Boston, MA, for plaintiff Becton Dickinson and Co.; Michael Sennett, Bell, Boyd & Lloyd, Chicago, IL, for plaintiff Baxter Healthcare Corp.

Patricia S. Rogowski, Connolly, Bove, Lodge & Hutz, Wilmington, DE; Coe A. Bloomberg, Robert C. Weiss, Allan W. Jansen, and Jerrold B. Reilly, Lyon & Lyon, Los Angeles, CA, for defendant.

OPINION

McKELVIE, District Judge.

This is a patent case. Johns Hopkins University and its co-plaintiffs Baxter Healthcare Corporation and Becton Dickinson and Company allege CellPro is willfully infringing U.S. Patent No. 4,965,204, which is owned by Johns Hopkins. CellPro denies liability and has counterclaimed for a declaratory judgment that the patent is invalid, not infringed and unenforceable. In its declaratory judgment action, CellPro also contends...

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