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ORTHOPEDIC EQUIP. CO. v. ALL ORTHOPEDIC APPLIANCES

Nos. 83-513, 83-525.

707 F.2d 1376 (1983)

ORTHOPEDIC EQUIPMENT COMPANY, INC., Appellant, Cross-Appellee, v. ALL ORTHOPEDIC APPLIANCES, INC., Appellee, Cross-Appellant.

United States Court of Appeals, Federal Circuit.

May 23, 1983.

Attorney(s) appearing for the Case

James D. Hall, South Bend, Ind., for appellant, cross-appellee.

Don K. Harness, Birmingham, Mich., argued, for appellee, cross-appellant; Jeffrey A. Sadowski, Birmingham, Mich., on brief.

Before NICHOLS, Circuit Judge, COWEN, Senior Circuit Judge, and BALDWIN, KASHIWA and MILLER, Circuit Judges.

NICHOLS, Circuit Judge.

Appellant, cross-appellee, Orthopedic Equipment Company, Inc. (OEC), is the owner, by assignment, of U.S. Patent No. 3,935,858 ('858 patent) issued on February 3, 1976, entitled "Knee Immobilizer." In 1980, OEC brought suit in the United States District Court for the Eastern District of Michigan, alleging that its '858 patent was infringed by several knee immobilizer models manufactured and sold by appellee, cross-appellant, All Orthopedic...

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