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BERAHA v. BAXTER HEALTH CARE CORP.

No. 90-3789.

956 F.2d 1436 (1992)

Dan BERAHA, M.D., Plaintiff-Appellant, v. BAXTER HEALTH CARE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 1992.

Rehearing and Rehearing Denied April 28, 1992.

Attorney(s) appearing for the Case

Keith V. Rockey, (argued), Timothy J. Haller, Kathleen A. Lyons, Rockey & Rifkin, Joseph N. Hosteny, Niro, Scavone, Haller & Niro, Chicago, Ill., for plaintiff-appellant.

Granger Cook, Jr., (argued), Gary W. McFarron, Cook, Egan, McFarron & Manzo, Chicago, Ill., for defendant-appellee.

Before WOOD, Jr., RIPPLE and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 28, 1992.

MANION, Circuit Judge.

Invoking the diversity jurisdiction of the federal court, Dan Beraha, M.D., filed suit against Baxter Health Care Corporation ("Baxter") based on an exclusive patent license agreement ("license agreement") between Beraha and Omnis Surgical, Inc. ("Omnis"), a Baxter affiliate that was later merged into Baxter.1 Count I of the Complaint claimed that Baxter...

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