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DATASCOPE CORP. v. KONTRON INC.

Appeal No. 85-2671.

786 F.2d 398 (1986)

DATASCOPE CORPORATION, Appellant, v. KONTRON INCORPORATED, Appellee.

United States Court of Appeals, Federal Circuit.

March 13, 1986.

Attorney(s) appearing for the Case

Stevan J. Bosses, Fitzpatrick, Cella, Harper & Scinto, New York City, argued, for appellant. With him on brief, were Leonard P. Diana and David A. Frankel.

John C. Vassil, Morgan, Finnegan, Pine, Foley & Lee, New York City, argued, for appellee. With him on brief, were Christopher K. Hu and Patricia S. Rocha.

Before MARKEY, Chief Judge, DAVIS and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

Datascope appeals from that portion of a district court order, reported at 611 F.Supp. 889, 227 USPQ 320 (D.Mass.1985), which denied a preliminary injunction with respect to the dual lumen catheters of Kontron. We affirm.

BACKGROUND

The patent in suit is U.S. Patent No. 4,261,339, relating to an intra-aortic balloon (IAB) catheter. The invention was described by this court in Datascope...

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