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BAXTER INTERN., INC. v. COBE LABORATORIES, INC.

No. 95-1407.

88 F.3d 1054 (1996)

BAXTER INTERNATIONAL, INC. and Baxter Healthcare Corporation, Plaintiffs-Appellants, v. COBE LABORATORIES, INC. and Cobe BCT, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 4, 1996.

Attorney(s) appearing for the Case

Gary W. McFarron, Cook, Egan, McFarron & Manzo, Ltd., Chicago, Illinois, argued for plaintiffs-appellants. With him on the brief were Granger Cook, Jr. and Andrew G. Kolomayets. Of counsel were Paul C. Flattery and Bradford R.L. Price, Baxter International, Inc., Deerfield, Illinois.

Willem G. Schuurman, Arnold, White & Durkee, Austin, Texas, argued for defendants-appellees. With him on the brief were David D. Bahler and Michael S. Metteauer.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 4, 1996.

LOURIE, Circuit Judge.

Baxter International, Inc. and Baxter Healthcare Corporation (collectively "Baxter") appeal from the decision of the United States District Court for the Northern District of Illinois holding on summary judgment that the asserted claims of U.S. Patent 4,734,089 are invalid under 35 U.S.C. § 102(b) on the ground of a prior public use. Baxter Int'l,...

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