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T.J. SMITH & NEPHEW LTD. v. CONSOL. MED. EQUIPMENT

No. 87-1081.

821 F.2d 646 (1987)

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

United States Court of Appeals, Federal Circuit.

June 25, 1987.

Attorney(s) appearing for the Case

Albert L. Jacobs, Jr., Jacobs & Jacobs, P.C., New York City, argued for plaintiff-appellant. With him on the brief were Mark H. Sparrow and Stephen M. Haracz.

Charles B. Gordon, Pearne, Gordon, McCoy & Granger, Cleveland, Ohio, argued for defendants-appellees. With him on the brief was Stephen A. Hill.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and BENNETT, Senior Circuit Judge.

MARKEY, Chief Judge.

Appeal from denial by the District Court for the Northern District of New York of a preliminary injunction in suit filed by T.J. Smith and Nephew Limited (Nephew) against Consolidated Medical Equipment, Inc., and Avery International Corporation (Con Med) for infringement of U.S. Patent No. 3,645,835 and its reissue, No. RE 31,887, entitled "Moisture-Vapor-Permeable Pressure-Sensitive Adhesive Materials," 645 F.Supp. 206

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