BAXTER INTERN., INC. v. ABBOTT LABORATORIES

No. 02-2039.

315 F.3d 829 (2003)

BAXTER INTERNATIONAL, INCORPORATED, Plaintiff-Appellant, v. ABBOTT LABORATORIES, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 16, 2003.


Attorney(s) appearing for the Case

Constantine L. Trela (Argued), Sidley Austin Brown & Wood, Chicago, IL, for Plaintiff-Appellant.

R. Mark McCareins (Argued), Winston & Strawn, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

Baxter International invented sevoflurane in the 1960s. This substance, a gas at room temperature, has good anesthetic properties. But it was too difficult and costly to produce commercially until the early 1980s, when Baxter devised an efficient process for its manufacture. Baxter obtained two process patents, the latter of which expires in December 2005. But the anesthetic gas still could not be sold in the United States unless it first...

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