United States Federal Circuit

Following a jury verdict in favor of plaintiff in a patent infringement action involving compositions and methods relating to a medical procedure for treating persons with compromised blood and immune systems, grant of judgment as a matter of law (JMOL) of noninfringement as to the patents and a refusal to grant JMOL on invalidity is affirmed in part as to the noninfringement rulings, but reversed in part as to defendants' counterclaim of invalidity for obviousness as JMOL should have been granted on that issue.

Appellate Information

• Decided 07/09/2007
• Published 07/09/2007

Judges

• Before NEWMAN, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.