ALFRED E. MANN FOUN. FOR SCI. v. COCHLEAR CORP.

No. 2009-1447.

604 F.3d 1354 (2010)

ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH, Plaintiff-Appellant, v. COCHLEAR CORPORATION and Cochlear Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 14, 2010.


Attorney(s) appearing for the Case

Brian G. Bodine, Lane Powell PC, of Seattle, WA, argued for plaintiff-appellant. With him on the brief were Peter Gergely, Merchant & Gould P.C. of Denver, CO; and Malcolm J. Romano, Alfred E. Mann Foundation for Scientific Research, of Santa Clarita, CA.

Bruce G. Chapman, Connolly Bove Lodge & Hutz LLP, of Los Angeles, CA, argued for defendants-appellees. With him on the brief were Manuel C. Nelson and Keith D. Fraser.

Before MICHEL, Chief Judge, NEWMAN, and DYK, Circuit Judges.


MICHEL, Chief Judge.

The Alfred E. Mann Foundation for Scientific Research ("AMF") is a research organization interested in developing new medical technologies, including cochlear implants. Cochlear Corporation and Cochlear Ltd. (collectively, "Cochlear") are companies that build cochlear implants for use in human patients. AMF sued Cochlear for patent infringement, and the district court dismissed the case for lack of standing to sue. At issue is a 2004 agreement...

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