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BOSTON SCIENTIFIC CORP. v. JOHNSON & JOHNSON

Nos. 2010-1230, 2010-1231, 2010-1233, 2010-1234.

647 F.3d 1353 (2011)

BOSTON SCIENTIFIC CORPORATION and Boston Scientific Scimed, Inc., Plaintiffs-Appellees, v. JOHNSON & JOHNSON (also known as Johnson & Johnson, Inc.), Cordis Corporation, and Wyeth, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 7, 2011.

Attorney(s) appearing for the Case

Matthew M. Wolf , Arnold & Porter LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Edward Han and John E. Nilsson .

David T. Pritikin , Sidley Austin LLP, of Chicago, IL, argued for defendants-appellants. With him on the brief were Constantine L. Trela, Jr. , William H. Baumgartner, Jr. , Russell E. Cass and Justin B. Weiner .

Sandra A. Frantzen , McAndrews, Held & Malloy, Ltd., of Chicago, IL, for amicus curiae Abbott Cardiovascular Systems Inc. With her on the brief were Edward A. Mas, II , Stephanie F. Samz and Kathleen A. Dorton .

Opinion for the court filed by Circuit Judge MOORE. Circuit Judge GAJARSA concurs-in-part.

MOORE, Circuit Judge.

Johnson & Johnson, Inc. (J & J), Cordis Corp. (Cordis) and Wyeth (collectively, Appellants) appeal the decision of the United States District Court for the District of Delaware granting summary judgment that certain claims of U.S. Patent Nos. 7,217,286 (the '7286 patent), 7,223,286 (the '3286 patent), 7,229,473 (the '473 patent), and 7,300,662 (the '662 patent) (collectively, the patents-in-suit) are invalid for failure to comply with...

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