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ABBOTT POINT OF CARE INC. v. EPOCAL, INC.

No. 2011-1024.

666 F.3d 1299 (2012)

ABBOTT POINT OF CARE INC., Plaintiff-Appellant, v. EPOCAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 13, 2012.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Jason G. Winchester and Dennis Murashko , of Chicago, IL.

J. Anthony Downs , Goodwin Procter, LLP, of Boston, MA, argued for defendant-appellee. With him on the brief were Daryl L. Wiesen and Safraz W. Ishamael .

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

RADER, Chief Judge.

The United States District Court for the Northern District of Alabama granted Epocal, Inc.'s ("Epocal") Motion to Dismiss and dismissed Abbott Point of Care Inc.'s ("Abbott") Complaint without prejudice. Because Abbott lacks standing, this court affirms.

I.

Abbott filed a complaint against Epocal in the Northern District of Alabama alleging infringement of U.S. Patent Nos. 6,845,327 ('327 patent) entitled "Point-Of-Care In-Vitro...

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