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HOWES v. MEDICAL COMPONENTS, INC.

Appeal No. 86-1157.

814 F.2d 638 (1987)

Randolph M. HOWES, Janice Kinchen Howes, and Arrow International, Inc., Appellants, v. MEDICAL COMPONENTS, INC., and American Hospital Supply Corp., Appellees.

United States Court of Appeals, Federal Circuit.

March 19, 1987.

Attorney(s) appearing for the Case

Albert E. Fey, Fish & Neave, New York City, argued for appellants. With him on the brief were Robert C. Morgan, Denise L. Loring and Irene J. Frangos. Also on the brief were Thomas A. Masterson and Richard F. McMenamin, Morgan, Lewis & Bockius, of Philadelphia, Pa.

Jerome F. Fallon, Tilton, Fallon, Lungmus & Chestnut, Chicago, Ill., argued for appellee American Hosp. With him on the brief was John W. Chestnut.

William H. Elberg, of Jenkintown, Pa., argued for appellee Medical Components.

Before FRIEDMAN and RICH, Circuit Judges, and BALDWIN, Senior Circuit Judge.

RICH, Circuit Judge.

This appeal is from a final judgment of the United States District Court for the Eastern District of Pennsylvania granting summary judgment of non-infringement of claim 7 (the only claim in suit) of U.S. Patent No. 4,072,146 (the Howes patent, now reissue No. Re. 31,873) for a "Venous Catheter Device" to Medical Components, Inc. (MedComp) and American Hospital Supply Corp. (AHS), 623 F.Supp. 164. We vacate...

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