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CORDIS CORP. v. BOSTON SCIENTIFIC CORP.

Nos. 2010-1311, 2010-1316.

658 F.3d 1347 (2011)

CORDIS CORPORATION, Plaintiff-Appellant, v. BOSTON SCIENTIFIC CORPORATION and Boston Scientific Scimed, Inc. (formerly known as Scimed Life Systems, Inc.), Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Gregory L. Diskant , Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Eugene M. Gelernter , Scott B. Howard , Irena Royzman , Charles D. Hoffmann .

Frank P. Porcelli , Fish & Richardson P.C., of Boston, MA, argued for defendants-cross appellants. With him on the brief were Lauren A. Degnan and Cherylyn Esoy Mizzo , of Washington, DC.

Before BRYSON, MAYER, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Cordis Corporation ("Cordis") appeals the United States District Court for the District of Delaware's grant of judgment as a matter of law ("JMOL") that Boston Scientific Corporation and Boston Scientific Scimed, Inc. (collectively, "BSC") do not literally infringe claim 25 of U.S. Patent No. 5,879,370. Cordis also appeals the district court's denial of JMOL on the issue of noninfringement by the reverse doctrine of equivalents. BSC cross-appeals...

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