Nos. 05-1490, 05-1551.

491 F.3d 1342 (2007)

PHARMASTEM THERAPEUTICS, INC., Plaintiff-Appellant, v. VIACELL, INC., Defendant-Cross Appellant, and Cryo-Cell International, Inc., CorCell, Inc., Defendants-Cross Appellants, and CBR Systems, Inc. (formerly known as Cord Blood Registry, Inc.), Defendant-Cross Appellant, and Birthcells Technology, Inc. and Bio-Cell, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

July 9, 2007.

Attorney(s) appearing for the Case

Paul J. Andre, Perkins Coie, LLP, of Menlo Park, CA, argued for plaintiff-appellant PharmaStem Therapeutics, Inc. With him on the brief was Lisa Kobialka.

John C. Englander, Goodwin Procter LLP, of Boston, MA, argued for defendant-cross appellant ViaCell, Inc. With him on the brief were Paul F. Ware, Jr. and Elaine Herrmann Blais. Of counsel on the brief was Richard M. Wyner, of Washington, DC.

James J. Rodgers, Dilworth Paxson LLP, of Philadelphia, PA, argued for defendants-cross appellants Cryo-Cell International, Inc., et al. Of counsel was Evelyn H. McConathy, Drinker Biddle & Reath LLP, of Philadelphia, PA.

Thomas F. Chaffin, Pillsbury Winthrop Shaw Pittman LLP, of Palo Alto, CA, argued for defendant-cross appellant CBR Systems, Inc. With him on the brief was William F. Abrams. Of counsel on the brief were Guillermo E. Baeza, of McLean, VA, and Kevin M. Fong, of San Francisco, CA.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

This patent infringement action was brought by appellant PharmaStem Therapeutics, Inc., in the United States District Court for the District of Delaware. PharmaStem sued six defendants (four of which are appellees before us in this appeal), alleging that the defendants had infringed two patents owned by PharmaStem, U.S. Patent No. B1...


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