ABBOTT LABORATORIES, INC. v. CURTIS LABORATORIES

Nos. 76-1351, 77-3945.

597 F.2d 1312 (1979)

ABBOTT LABORATORIES, INC., Plaintiff-Appellee, v. CURTIS LABORATORIES, INC., Defendant-Appellant. CURTIS LABORATORIES, INC., Plaintiff-Appellant, v. ABBOTT LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 4, 1979.


Attorney(s) appearing for the Case

G. P. McAndrews, Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., for plaintiff-appellee.

James W. Geriak, Lyon & Lyon, Los Angeles, Cal., for defendant-appellant.

Before CHAMBERS, ELY, and WALLACE, Circuit Judges.


PER CURIAM:

Abbott Laboratories, Inc. (Abbott) filed a patent infringement action against Curtis Laboratories, Inc. (Curtis) in February, 1975. The patent in suit involved the use of a buffered solution in a chemical process for the detection of hepatitis in human blood, plasma, and serum. Both Abbott and Curtis were actively engaged in marketing hepatitis detection kits at the time, and both made use of the buffered solution. Approximately seven months after the...

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