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T.J. SMITH & NEPHEW, LTD. v. CONSOLIDATED MEDICAL EQUIP.

No. 85-CV-720.

645 F.Supp. 206 (1986)

T.J. SMITH AND NEPHEW LIMITED, Plaintiff, v. CONSOLIDATED MEDICAL EQUIPMENT, INC. and Avery International Corporation, Defendants.

United States District Court, N.D. New York.

October 10, 1986.

Attorney(s) appearing for the Case

Jacobs & Jacobs, New York City (Albert L. Jacobs, Jr., Mark H. Sparrow, of counsel), Bond, Schoeneck & King, Syracuse, (Tracy H. Ferguson, Deborah Karalunas, of counsel), for plaintiff.

Pearne, Gordon, Sessions, McCoy, Granger & Tilberry, Cleveland, Ohio (Charles P. Gordon, of counsel), Larson & Taylor, Arlington, Va., (Andrew E. Taylor, William E. Jackson, of counsel), for defendants.

McCURN, District Judge.

MEMORANDUM-DECISION AND ORDER

This action, brought by plaintiff T.J. Smith & Nephew Limited (Smith & Nephew) against defendants Consolidated Medical Equipment, Inc. (Con Med) and Avery International Corporation (Avery) charges the defendants with infringement of the plaintiff's Reissue Patent No. Re 31,887 (the '887 reissue patent). The court has jurisdiction of the action pursuant to 28 U.S.C. § 1338(a).

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