ABBOTT LABORATORIES v. BAXTER PHARMACEUTICAL

No. 02-1400.

334 F.3d 1274 (2003)

ABBOTT LABORATORIES and Central Glass Company, Ltd., Plaintiffs-Appellants, v. BAXTER PHARMACEUTICAL PRODUCTS, INC. and Baxter Health Care Corp., Defendants Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: July 3, 2003.


Attorney(s) appearing for the Case

R. Mark McCareins, Winston & Strawn, of Chicago, Illinois, argued for plaintiffs-appellants. With him on the brief were Edward L. Foote, Raymond C. Perkins, and Peggy Balesteri. Of counsel were Blake T. Hannafan and James F. Herbison.

Constantine L. Trela, Jr., Sidley Austin Brown & Wood, of Chicago, Illinois, argued for defendants-appellees. With him on the brief were David T. Pritikin, William H. Baumgartner, Jr., Hugh A. Abrams, and Russell E. Cass. Of counsel on the brief was Thomas S. Borecki, Baxter Healthcare Corporation, of Deerfield, Illinois.

Before RADER, GAJARSA, and DYK, Circuit Judges.


RADER, Circuit Judge.

Plaintiffs-Appellants, Abbott Laboratories and Central Glass Company, Ltd. (collectively, Abbott), appeal the district court's grant of Defendants-Appellees Baxter Pharmaceutical Products, Inc. and Baxter Health Care Corp.'s (Baxter) motion for summary judgment of noninfringement. Abbott Labs v. Baxter Pharm. Prods., No. 01-CV-1867, 2002 WL 449007 (N.D.Ill. Mar. 22, 2002). Because the district...

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