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BAXTER INTERN., INC. v. McGAW, INC.

Nos. 96-1329, 96-1342, 97-1331 and 97-1350.

149 F.3d 1321 (1998)

BAXTER INTERNATIONAL, INC., and Baxter Healthcare Corporation, Plaintiffs-Appellants, v. McGAW, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 31, 1998.

Attorney(s) appearing for the Case

James F. Davis, Howrey & Simon, Washington, DC, argued for plaintiffs-appellants. With him on the brief were Jerrold J. Ganzfried, Richard H. Kjeldgaard, and Thomas M. Dunham. Also on the brief were Timothy J. Malloy, Gregory J. Volger, and Sharon A. Hwang, McAndrews, Held & Malloy, Ltd., Chicago, Illinois. Of counsel on the brief was Mark J. Buonaiuto, Baxter International, Inc., of Deerfield, Illinois. Of counsel was Stephen F. Sherry, McAndrews, Held & Malloy, Ltd.

Roderick G. Dorman, and William J. O'Brien, Christie, Parker & Hale, LLP, Pasadena, California, argued for defendent-cross appellant. With them on the brief was Yar R. Chaikovsky. Also on the brief was Marvin A. Miller, Miller Faucher Chertow Cafferty and Wexler, Chicago, Illinois. Of counsel was John D. Carpenter, Christie, Parker & Hale, LLP.

Before PLAGER, RADER, and GAJARSA, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 31, 1998.

GAJARSA, Circuit Judge.

DECISION

Baxter International, Inc. and Baxter Healthcare Corporation (collectively Baxter), appeal the judgment of the U.S. District Court for the Northern District of Illinois that U.S. Patent No. 5,171,234 (the '234 patent), U.S. Patent No. 5,167,648 (the '648 patent) and U.S. Patent No. 5,158,554 (the '554 patent) assigned to Baxter are unenforceable...

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