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TRONZO v. BIOMET, INC.

Nos. 97-1117, 97-1177 and 97-1213.

156 F.3d 1154 (1998)

Dr. Raymond G. TRONZO, Plaintiff-Appellee, v. BIOMET, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 19, 1998.

Attorney(s) appearing for the Case

James F. Davis, Howrey & Simon, Washington, DC, argued, for plaintiff-appellee. With him on the brief were Jeffrey I. Auerbach and Michael N. Haynes. Of counsel on the brief were Robert S. Hackleman, Connis O. Brown, III, and George S. LeMieux, Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., Fort Lauderdale, FL.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, argued, for defendant-appellant. With him on the brief were Don O. Burley and Robert L. Burns. Of counsel on the brief was L. Martin Reeder, Jr., Steel Hector & Davis, West Palm Beach, FL.

Before RICH and NEWMAN, Circuit Judges, and ARCHER, Senior Circuit Judge.

Opinion for the court filed by Senior Circuit Judge ARCHER. Concurring opinion filed by Circuit Judge NEWMAN.

ARCHER, Senior Circuit Judge.

Biomet, Inc. (Biomet) appeals the judgment of the United States District Court for the Southern District of Florida, 91-CV-8175, holding Biomet liable for infringement of U.S. Patent No. 4,743,262 ('262 patent) and, under Florida law, for breach of a confidential relationship and fraud. The court determined that claims...

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