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CRITIKON v. BECTON DICKINSON VASCULAR ACCESS, INC.

Nos. 95-1322, 95-1363.

120 F.3d 1253 (1997)

CRITIKON, INC., Plaintiff-Cross Appellant, v. BECTON DICKINSON VASCULAR ACCESS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 24, 1997.

Attorney(s) appearing for the Case

Harry J. Roper, Roper & Quigg, Chicago, IL, argued for plaintiff/cross-appellant. With him on the brief was George S. Bosy. Of counsel on the brief was Madonna M. Malin, Johnson & Johnson, New Brunswick, NJ. Of counsel was Ellen D. Law, Roper & Quigg.

Edward F. Mullowney, Fish & Neave, Palo Alto, CA, argued for defendant-appellant. With him on the brief was Richard M. Barnes, Fish & Neave, New York City. Of counsel on the brief was Leslie Gordon Fagen, Paul, Weiss, Rifkind, Wharton & Garrison, New York City.

Before ARCHER, Chief Judge, RICH, and MAYER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 24, 1997.

RICH, Circuit Judge.

DECISION

Becton Dickinson Vascular Access, Inc. (Becton Dickinson) appeals from the April 10, 1995 judgment of the United States District Court for the District of Delaware, No. 93-108-JJF, issuing a permanent injunction in favor of Critikon, Inc. (Critikon) enjoining Becton Dickinson from making, using, selling or offering to sell its infringing...

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