BALLARD MEDICAL v. ALLEGIANCE HEALTHCARE CORP.

No. 00-1393.

268 F.3d 1352 (2001)

BALLARD MEDICAL PRODUCTS, Plaintiff-Appellant, v. ALLEGIANCE HEALTHCARE CORP. and Sorenson Critical Care, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Corrected October 17, 2001.


Attorney(s) appearing for the Case

Roy W. Hardin, Locke Liddell & Sapp LLP, of Dallas, TX, argued for plaintiff-appellant. With him on the brief were Craig L. Weinstock, John Wilson Jones, and Steven S. Boyd.

David V. Trask, Trask Britt, of Salt Lake City, UT, representing Sorenson Critical Care, Inc., argued for defendants-appellees. With him on the brief was John P. Ashton, Prince, Yeates & Geldzahler, of Salt Lake City, UT, representing Allegiance Healthcare Corp.

Before MAYER, Chief Judge, BRYSON, and DYK, Circuit Judges.


BRYSON, Circuit Judge.

Ballard Medical Products owns U.S. Patent Nos. 4,569,344 ("the '344 patent") and 4,696,296 ("the '296 patent"), which are drawn to ventilating and aspirating tracheobronchial catheters. Ballard sued Sorenson Critical Care, Inc., and Allegiance Healthcare Corp. (collectively "Sorenson") for infringement of multiple claims of the '344 and '296 patents. On summary judgment, the district court ruled that Sorenson had not infringed the disputed patents...

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