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DEVICES FOR MEDICINE, INC. v. BOEHL

No. 87-1082.

822 F.2d 1062 (1987)

DEVICES FOR MEDICINE, INC., Plaintiff-Appellant, v. John BOEHL, Cardiovascular Instruments, Inc. and Orlando Regional Medical Center, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 24, 1987.

Attorney(s) appearing for the Case

Herbert L. Allen, Duckworth, Allen & Dyer, P.A., Orlando, Fla., argued for plaintiff-appellant.

John C. McNett, Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, Ind., argued for defendants-appellees. With him on the brief was Vincent O. Wagner.

Before MARKEY, Chief Judge, NEWMAN and BISSELL, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of dismissal entered in response to a jury verdict that Devices For Medicine, Inc. (DFM) was entitled to no damages because it failed to give to John Boehl, Cardiovascular Instruments, Inc., and Orlando Regional Medical Center, Inc. (BOEHL) the notice required by 35 U.S.C. § 287.1 We affirm, find the appeal frivolous, and award attorney fees.

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