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DATASCOPE CORP. v. SMEC, INC.

Nos. 88-1266, 88-1279, 89-1104 and 89-1154.

879 F.2d 820 (1989)

DATASCOPE CORP., Plaintiff-Appellant, v. SMEC, INC., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 14, 1989.

Suggestion for Rehearing Denied September 7, 1989.

Attorney(s) appearing for the Case

Stevan J. Bosses, of Fitzpatrick, Cella, Harper & Scinto, New York City, argued for plaintiff-appellant. Of counsel were Nina Shreve and Errol B. Taylor, of Fitzpatrick, Cella, Harper & Scinto, New York City.

Charles A. Reid, III, of Shanley & Fisher, Morristown, N.J., argued for defendant/cross-appellant. With him on the brief were Arthur R. Schmauder and Renate A. Coombs of counsel, of Shanley & Fisher, Morristown, N.J.

Before MARKEY, Chief Judge, FRIEDMAN and ARCHER, Circuit Judges.

Suggestion for Rehearing In Banc Denied September 7, 1989.

MARKEY, Chief Judge.

Datascope Corp. (Datascope) appeals from a judgment of the United States District Court for the District of New Jersey, 678 F.Supp. 457, 5 USPQ2d 1963 (D.N.J.1988), requiring SMEC, Inc. (SMEC) to pay reasonable royalty damages of $113,442.05 and finding SMEC's infringement not willful, and from orders for annually compounded prejudgment interest...

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