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COOK BIOTECH INC. v. ACELL, INC.

Nos. 05-1458, 05-1558, 05-1559.

460 F.3d 1365 (2006)

COOK BIOTECH INCORPORATED, Plaintiff-Cross Appellant, and Purdue Research Foundation, Plaintiff-Cross Appellant, v. ACELL, INCORPORATED, Stephen F. Badylak and Alan R. Spievack, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 19, 2006.

Attorney(s) appearing for the Case

Daniel J. Lueders, Woodard, Emhardt, Moriarty, McNett & Henry LLP, of Indianapolis, Indiana, argued for plaintiff-cross appellant, Cook Biotech Incorporated. With him on the brief was Holiday W. Banta.

William P. Kealey, Stuart & Branigin LLP, of Lafayette, Indiana, argued for plaintiff-cross appellant, Purdue Research Foundation.

J. Alan Galbraith, Williams & Connolly LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Thomas H.L. Selby, Shruti Rana, and Jessamyn S. Berniker.

Before NEWMAN, LOURIE, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 19, 2006.

PROST, Circuit Judge.

Defendant-appellants, ACell, Inc. ("ACell"), Stephen F. Badylak, and Alan R. Spievack appeal the decision of the United States District Court for the Northern District of Indiana denying ACell's post-trial motions pertaining to claim construction, infringement, and the adequacy of the jury verdict form following the jury's finding that ACell's commercial product, ACell Vet

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