Appeal Nos. 87-1445, 87-1446.

857 F.2d 778 (1988)

UNITED STATES of America, Plaintiff/Appellant, and Zimmer, Inc., Involuntary Plaintiff/Counterclaim-Defendant, v. TELECTRONICS, INC. and BGS Medical, Inc., Defendants/Counterclaim-Plaintiffs/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

September 22, 1988.

Attorney(s) appearing for the Case

John Fargo, Dept. of Justice, Washington, D.C., argued for plaintiff/appellant. Richard K. Willard, Asst. Atty. Gen., Vito J. DiPietro, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., on the brief for plaintiff/appellant.

Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., New York City, argued for defendants/counterclaim-plaintiffs/cross-appellants. With him on the brief were Barry A. Cooper and Jeffrey M. Kaden. Also on the brief was William C. Nealon, Suffield, Conn., of counsel.

Before NEWMAN, ARCHER and MAYER, Circuit Judges.

ARCHER, Circuit Judge.

The United States of America (government) appeals the judgment of the United States District Court for the District of Colorado in United States v. Telectronics, Inc., 658 F.Supp. 579, 3 USPQ2d 1571 (D.Colo.1987), holding that Telectronics, Inc. and BGS Medical, Inc. (Telectronics) do not infringe U.S. Patent No. 3,842,841 ('841). Telectronics cross-appeals the determinations that the '841 patent...

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