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CHIRON CORP. v. SOURCECF INC.

No. C 05-01938 WHA.

431 F.Supp.2d 1019 (2006)

CHIRON CORPORATION, Plaintiff, v. SOURCECF INC., SourceCF Clinical Research & Development, L.L.C., Maxor National Pharmacy Services Corporation d/b/a IV Solutions, Foundation Care L.L.C., and Pharmaceutical Specialties, Inc., Defendants.

United States District Court, N.D. California.

May 16, 2006.

Attorney(s) appearing for the Case

Benjamin C. Hsing, Gerald Sobel, Jeffrey H. Horowitz, Kimberly Branch Koch, Sumir Sennik, Kaye Scholer LLP, New York, NY, Lucas William Huizar, Mark Dean Petersen, Farella Braun & Martel LLP, San Francisco, CA, for Plaintiff.

Richard Proctor Doyle, Jr., Janssen Doyle LLP, Walnut Creek, CA, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL

ALSUP, District Judge.

INTRODUCTION

The issue presented is the extent to which cystic fibrosis victims, their parents and their doctors are barred by a medicalmethod patent asserted by Chiron Corporation from using inhaled tobramycin to treat lung infections. Cystic fibrosis victims, their parents and their physicians have long used inhaled antibiotics to treat lung infections. Tobramycin...

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