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INVITROGEN CORP. v. BIOCREST MFG., L.P.

Nos. 02-1207, 02-1260.

327 F.3d 1364 (2003)

INVITROGEN CORPORATION, Plaintiff-Appellant, v. BIOCREST MANUFACTURING, L.P., Stratagene Holding Corporation and Stratagene, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Decided May 7, 2003.

Attorney(s) appearing for the Case

Francis M. Wilkstrom, Parsons Behle & Latimer, of Salt Lake City, Utah, argued for plaintiff-appellant. With him on the brief were C. Kevin Speirs and Kristine Edde Johnson. Of counsel on the brief was Alan W. Hammond, Invitrogen Corporation, of Carlsbad, California.

Marc R. Labgold, Ph.D., Patton Boggs LLP, of McLean, Virginia, argued for defendants-cross appellants. With him on the brief were Kevin M. Bell and Laura A. Donnelly. Of counsel on the brief was Richard J. Oparil, Patton Boggs LLP, of Washington, DC.

Before RADER, BRYSON, and DYK, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Western District of Texas determined that Biocrest Manufacturing, L.P., Stratagene Holding Corporation, and Stratagene, Inc. (collectively Stratagene) did not infringe Invitrogen Corporation's (Invitrogen's) U.S. Patent No. 4,981,797 (issued Jan. 1, 1991) (the '797 patent). Invitrogen Corp. v. Biocrest Mfg., L.P., No. A 01 CA 167 SS (W.D.Tex. Nov. 2, 2001). Because the district...

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