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JOHNSTON v. IVAC CORP.

No. 88-1639.

885 F.2d 1574 (1989)

Charles C. JOHNSTON and Gordon P. Ramsey, as Trustees of the AMEC Liquidating Trust, Plaintiffs-Appellants, v. IVAC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 27, 1989.

Attorney(s) appearing for the Case

Daniel R. Shulman, of Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., argued for plaintiffs-appellants. With him on the brief were Nancy A. Quattlebaum, of Gray, Plant, Mooty, Mooty & Bennett, Joseph M. Alioto, of Alioto & Alioto, San Francisco, Cal.; Jerry Cohen, of Cohen & Burg, Boston, Massachusetts, and Joseph S. Iandiorio, of Waltham, Mass.

Richard A. Bardin, of Fulwider Patton Lee & Utecht, Los Angeles, Cal., argued for defendant-appellee. Of counsel was Craig B. Bailey, of Fulwider Patton Lee & Utecht.

Before NIES and BISSELL Circuit Judges, and BALDWIN, Senior Circuit Judge.

NIES, Circuit Judge.

Charles C. Johnston and Gordon P. Ramsey, trustees of the AMEC Liquidating Trust (AMEC), appeal the final decision of the United States District Court for the Southern District of California, No. 870703-GT(M) (Thompson, J.) entered on July 5, 1988, granting IVAC Corporation's (IVAC) motion for summary judgment on the ground that IVAC's electronic medical thermometers employing a disposable probe cover do not infringe AMEC's United States Patent...

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