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Johns Hopkins University, et al. v. CellPro, Inc.

152 F.3d 1342 (1998)

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Johns Hopkins University, et al. v. CellPro, Inc.

United States Court of Appeals for the Federal Circuit

152 F.3d 1342 (1998)

Facts

Johns Hopkins University (Johns Hopkins) (plaintiff) obtained a patent in 1990 for monoclonal antibodies made from a hybridoma-cell line. These antibodies could be used for creating purified suspensions of blood cells. Before this patent was issued but after Johns Hopkins applied for it, the founder of CellPro Inc. (defendant) developed a similar product. After Johns Hopkins obtained the patent, CellPro exported six vials of the similar product to Canada. Johns Hopkins filed suit in the United States alleging patent infringement. The district court found that CellPro infringed Johns Hopkins’s patent and ordered the six vials to be repatriated back to the United States and destroyed. CellPro appealed this order, arguing that the district court lacked the authority to order the repatriation and destruction.

Rule of Law

Issue

Holding and Reasoning (Lourie, J.)

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