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CYTOLOGIX CORP. v. VENTANA MEDICAL SYSTEMS, INC.

No. 04-1446.

424 F.3d 1168 (2005)

CYTOLOGIX CORPORATION, Plaintiff-Appellee, v. VENTANA MEDICAL SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Jack R. Pirozzolo, Willcox, Pirozzolo & McCarthy, of Boston, Massachusetts, argued for plaintiff-appellee. With him on the brief was Judith S. Ziss.

Sean W. Gallagher, Bartlit Beck Herman Palenchar & Scott LLP, of Chicago, Illinois, argued for defendant-appellant. With him on the brief were Philip S. Beck and Brian C. Swanson.

Before MAYER, GAJARSA, and DYK, Circuit Judges.

DYK, Circuit Judge.

Ventana Medical Systems, Inc. ("Ventana") appeals from the order of the United States District Court for the District of Massachusetts enjoining Ventana from various infringing acts. CytoLogix Corp. v. Ventana Med. Sys., Inc., No. 01-CV-10178 (D.Mass. Apr. 26, 2004). The injunction was based on a jury verdict of infringement. The jury found that Ventana infringed claims 1-3 and 5-15 of United States Patent No. 6,180,061 (the "'061 patent...

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