Legal Opinion

Abbott Laboratories v. Diamedix Corporation, Proposed Intervenor-Appellant v. Ortho Diagnostic Systems, Inc.

Court of Appeals for the Federal Circuit

Decided February 7, 1995No. 94-1345PublishedCited by 91 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

Diamedix Corporation appeals from an order denying its motion to intervene in a patent infringement action. The action was brought by Abbott Laboratories, which held a license from Diamedix, against a third party, Ortho Diagnostic Systems, Inc. We conclude that the district court should have permitted Diamedix to join the lawsuit as a party-plaintiff. The order of the district court denying the motion to intervene is therefore reversed.

I

United States Patents Nos. 4,474,878 (the ’878 patent) and 4,642,285 (the ’285 patent) were issued in 1984 and 1987, respectively, and…

2Cases cited15 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
  3. Vaupel Textilmaschinen Kg and Vaupel North America v. Meccanica Euro Italia S.P.A. And American Trim Products, Inc., Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1991
  4. Arachnid, Inc., Plaintiff/cross-Appellant v. Merit Industries, Inc.Court of Appeals for the Federal Circuit · 1991
  5. Universal American Barge Corp. v. J-Chem, Inc., J-Chem, Inc., Etc., Degesch America, Inc., and Fumigators, Inc.Court of Appeals for the Fifth Circuit · 1992

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3Cited by91 opinions

  1. Textile Productions, Inc. v. Mead Corporation and Fiber Trim Sewing CompanyCourt of Appeals for the Federal Circuit · 1998
  2. Morrow Ex Rel. General Unsecured Creditors' Liquidating Trust of at Home Corp. v. Microsoft Corp.Court of Appeals for the Federal Circuit · 2007
  3. Prima Tek II, L.L.C. v. A-Roo Co.Court of Appeals for the Federal Circuit · 2000
  4. Intellectual Property Development, Inc. v. Tci Cablevision of California, Inc.Court of Appeals for the Federal Circuit · 2001
  5. Speedplay, Inc. v. Bebop, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 2000

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