ELI LILLY AND CO. v. MEDTRONIC, INC.

No. 90-1207.

915 F.2d 670 (1990)

ELI LILLY AND COMPANY, Plaintiff-Appellee, v. MEDTRONIC, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Unpublished Opinion August 17, 1990.

Published Opinion September 27, 1990.


Attorney(s) appearing for the Case

Gregory J. Volger, McAndrews, Held & Malloy, Ltd., Chicago, Ill., argued for plaintiff-appellee. With him on the brief were Timothy J. Malloy, Lawrence M. Jarvis and Alejandro Menchaca. Also on the brief were Leroy Whitaker, John C. Jenkins, M. Therese Crouse, Eli Lilly and Co., Indianapolis, Ind. and Edward P. Gray, Cardiac Pacemakers, Inc., St. Paul, Minn., of counsel.

John F. Lynch, Arnold, White & Durkee, Houston, Tex., argued for defendant-appellant. With him on the brief were Jack C. Goldstein, W. Bryan Farney and Albert B. Deaver. Also on the brief were Ronald E. Lund, John W. Borg and Joseph F. Breimayer, Medtronic, Inc., Minneapolis, Minn., of counsel.

Susan B. Tabler, Ice Miller Donadio & Ryan, Indianapolis, Ind., was on the brief for amicus curiae, Douglas P. Zipes, M.D.

Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges.


NIES, Chief Judge.

DECISION

Medtronic, Inc. appeals from the order of the United States District Court for the Eastern District of Pennsylvania, Eli Lilly and Co. v. Medtronic, Inc., 735 F.Supp. 652, 14 USPQ2d 1352 (E.D.Pa.1990) (Ditter, J.) finding Medtronic in willful contempt of its permanent injunction order. The district court issued its injunction on April 21, 1988, pursuant to its judgment entered in accordance...

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