ELI LILLY AND COMPANY, Plaintiff-Appellee,
v.
MEDTRONIC, INC., Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
March 29, 1989.
Rehearing Denied May 31, 1989.
Suggestion for Rehearing Declined July 18, 1989.
Attorney(s) appearing for the Case
Timothy J. Malloy of McAndrews, Held & Malloy, Chicago, Ill., argued for plaintiff-appellee. With him on the brief were Lawrence M. Jarvis and Gregory J. Vogler. Of counsel were Leroy Whitaker and Bruce J. Barclay, Eli Lilly and Co., Indianapolis, Ind.
Philip S. Johnson of Woodcock Washburn Kurtz Mackiewicz & Norris, Philadelphia, Pa., argued for defendant-appellant. With him on the brief were Gary H. Levin, Albert W. Preston and Henrik D. Parker. Of counsel were Joseph F. Breimayer and John L. Rooney of Medtronic, Inc., Minneapolis, Minn.
Before NIES and ARCHER, Circuit Judges, and COWEN, Senior Circuit Judge.
United States Court of Appeals, Federal Circuit.
Suggestion for Rehearing In Banc Declined July 18, 1989.
NIES, Circuit Judge.
Medtronic, Inc., brings an interlocutory appeal from a permanent injunction1 entered by the United States District Court for the Eastern District of Pennsylvania, Eli Lilly & Co. v. Medtronic, Inc., No. 83-5393 (E.D.Pa. Apr. 21 1988) (Ditter, J.), enjoining it from, inter alia, the manufacture, use, or sale of certain medical devices...
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