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ABBOTT LABORATORIES v. CITY OF HOPE

No. 00 C 7970.

224 F.Supp.2d 1200 (2002)

ABBOTT LABORATORIES, Plaintiff, v. CITY OF HOPE, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

September 27, 2002.

Attorney(s) appearing for the Case

David R. Melton, James R. Ferguson, Mayer, Brown, Rowe & Maw, Christopher Qualley King, Sonnenschein, Nath & Rosenthal, Chicago, IL, R. Danny Huntington, Burns, Doane, Swecker & Mathis, Alexandria, VA, Shashank S. Upadhye, Sonnenschein, Nath & Rosenthal, Chicago, IL, for Plaintiff.

Richard Francis O'Malley, Sidley Austin Brown & Wood, Chicago, IL, E. Anthony Figg, Elizabeth A. Leff, Rothwell, Figg, Ernst & Kurz, PC, Washington, DC, Kevin Edward Noonan, Banner & Witcoff, Ltd., Curt James Whitenack, Michael S. Greenfield, McDonnell, Boehnen, Hulbert & Berghoff, Ltd., Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The question before me is whether including a factual assertion in a preliminary statement before the Board of Patent Appeals and Interferences constitutes "raising an issue" within the meaning of 35 U.S.C. § 146. I hold that it does not.

BACKGROUND

On October 24, 1994, the U.S. Patent and Trademark Office ("USPTO") declared an interference between the patent applications...

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