United States Federal Circuit

Denial of plaintiffs' motion for a preliminary injunction enjoining defendant from manufacturing and selling a kit which plaintiffs alleged infringe the patents in suit is affirmed in part, reversed in part, and remanded where the district court: 1) correctly construed the term "heterogeneous mixture of labeled unique sequence nucleic acid fragments"; 2) erred in its construction of "morphologically identifiable cell nucleus"; and 3) erred by concluding that plaintiffs were barred by the doctrine of prosecution history estoppel.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• Before MAYER, LOURIE, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James F. Hurst, Winston & Strawn, LLP, of Chicago, IL, argued for plaintiffs-appellants.   On the briefs were Lynn H. Pasahow, Heather N. Mewes, Carolyn C. Chang, and C.J. Alice Chuang, Fenwick & West, LLP, of Mountain View, CA. Of counsel was Virginia K. DeMarchi.


• For Appellees:
  
• Thomas H. Jenkins, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for all defendants-appellees.   With him on the briefs were Anthony C. Tridico, of Washington, DC, and Tina E. Hulse and David C. Hoffman, of Palo Alto, CA. On the brief for defendant-appellee Dakocytomation California, Inc. was Richard J. Smith, of Palo Alto, CA.