SYNTHES (U.S.A.) v. G.M. DOS REIS JR. IND.

No. 2008-1279.

563 F.3d 1285 (2009)

SYNTHES (U.S.A.), Plaintiff-Appellant, v. G.M. DOS REIS JR. IND. COM. DE EQUIP. MEDICO (also known as GMReis), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 17, 2009.


Attorney(s) appearing for the Case

Jeffrey M. Olson, Sidley Austin LLP, of Los Angeles, CA, argued for plaintiff-appellant. With him on the brief were Robert A. Holland, Sean A. Commons, and Matthew S. Jorgenson.

Matthew C. Lapple, Covington & Burling LLP, of San Diego, CA, argued for defendant-appellee. Of counsel was John M. Benassi, Heller Ehrman LLP, of San Diego, California.

Before SCHALL, FRIEDMAN, and BRYSON, Circuit Judges.


SCHALL, Circuit Judge.

Synthes (U.S.A.) ("Synthes") appeals the final judgment of the United States District Court for the Southern District of California dismissing without prejudice its suit for patent infringement against G.M. dos Reis Jr. Ind. Com de Equip. Medico ("GMReis"). Synthes (U.S.A.) v. G.M. dos Reis Jr. Ind. Com. de Equip. Medico, No. 07-CV-309-L(AJB), 2008 WL 789925 (S.D.Cal. Mar. 21, 2008). The court dismissed Synthes's suit after it determined...

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