B. BRAUN MEDICAL, INC. v. ABBOTT LABORATORIES

Nos. 96-1508, 96-1525.

124 F.3d 1419 (1997)

B. BRAUN MEDICAL, INC., Plaintiff-Appellant, v. ABBOTT LABORATORIES and NP Medical, Inc., Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

September 8, 1997.


Attorney(s) appearing for the Case

William G. Todd, Hopgood, Calimafde, Kalil & Judlowe, L.L.P., New York City, argued, for plaintiff-appellant. With him on the brief were Porter F. Fleming and Richard E. Parke. Of counsel was Albert G. Bixler, Connolly Epstein Chicco Foxman Engelmyer & Ewing, Philadelphia, PA.

Lee Carl Bromberg, Bromberg & Sunstein LLP, Boston, MA, argued, for defendants/cross-appellants. With him on the brief were Robert L. Kann, Timothy M. Murphy and Kerry L. Timbers. Of counsel was Judith R.S. Stern.

Before MICHEL, PLAGER and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

B. Braun Medical, Inc. (Braun) appeals from the district court's judgment, following a jury trial, that Braun misused its patent, was equitably estopped from asserting its patent, and that, in any event, the accused devices did not infringe the asserted claims of Braun's patent. Abbott Laboratories (Abbott) cross-appeals, seeking attorney fees and damages for Braun's patent misuse. We conclude that...

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