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PERSEPTIVE BIOSYSTEMS v. PHARMACIA BIOTECH

No. 98-1325.

225 F.3d 1315 (2000)

PERSEPTIVE BIOSYSTEMS, INC., Plaintiff-Appellant, v. PHARMACIA BIOTECH, INC., Pharmacia Biotech AS, Sepracor Inc., Pharmacia LBK Biotechnology AB, Biosepra, Inc., and Pharmacia Biotech (also known as Pharmacia Biopress Technology, also known as Procordia AB), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 29, 2000.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Thomas H. Jenkins. Of counsel was Scott H. Blackman. Of counsel on the brief were David S. Godkin, David C. Berry, and Richard S. Sanders, Testa, Hurwitz & Thibeault, LLP, of Boston, Massachusetts. Also of counsel on the brief was Lee Carl Bromberg, Bromberg & Sunstein, LLP, of Boston, Massachusetts.

Robert H. Stier, Jr., Pierce Atwood, of Portland, Maine, argued for defendants-appellees. Of counsel on the brief was Kenneth R. Adamo, Jones, Day, Reavis & Pogue, of Cleveland, Ohio.

Before NEWMAN, PLAGER, and CLEVENGER, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting

Opinion filed by Circuit Judge PAULINE NEWMAN.

CLEVENGER, Circuit Judge.

PerSeptive Biosystems, Inc. ("PerSeptive") appeals the judgment of the United States District Court for the District of Massachusetts, holding PerSeptive's United States Patents Nos. 5,019,270 ("the '270 patent"), 5,228,989 ("the '989 patent") and 5,384,042 ("the '042 patent") (collectively, "the patents") unenforceable...

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