JOHNS HOPKINS UNIVERSITY v. CELLPRO, INC.

Nos. 97-1495, 98-1017.

152 F.3d 1342 (1998)

The JOHNS HOPKINS UNIVERSITY, Baxter Healthcare Corporation and Becton Dickinson and Company, Plaintiffs-Appellees, v. CELLPRO, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 1998.


Attorney(s) appearing for the Case

Donald R. Ware, Foley, Hoag & Eliot LLP, of Boston, Massachusetts, argued for plaintiffs-appellees. With him on the brief were Peter B. Ellis and Philip C. Swain. Of counsel on the brief was Michael C. Schiffer, Attorney, Baxter Healthcare Corporation, of Irvine, California.

Don W. Martens, Knobbe, Martens, Olson & Bear LLP, Newport Beach, California, argued for defendant-appellant. With him on the brief were Joseph R. Re, Michael K. Friedland, and Dale C. Hunt. Also on the brief were Gary D. Wilson and Steven M. Dunne, Wilmer, Cutler & Pickering, Washington, D.C. Of counsel were Robert C. Weiss, Allan W. Jansen, and Jerrold B. Reilly, Lyon & Lyon, Los Angeles, California.

Before LOURIE, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.


LOURIE, Circuit Judge.

CellPro, Inc. appeals from the decision of the United States District Court for the District of Delaware in favor of Johns Hopkins University, Baxter Healthcare Corporation, and Becton Dickinson and Company (collectively, Hopkins) in their patent infringement suit against CellPro. The court (1) granted Hopkins' motion for judgment as a matter of law that CellPro infringed claims 1-5 of U.S. Patent B1 4,714,680, see Johns Hopkins Univ. v....

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