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MALLINCKRODT, INC. v. MEDIPART, INC.

Nos. 90-1138, 90-1272.

976 F.2d 700 (1992)

MALLINCKRODT, INC., Plaintiff-Appellant, v. MEDIPART, INC., and Jerry A. Alexander, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 24, 1992.

Attorney(s) appearing for the Case

G. Franklin Rothwell, Bernard, Rothwell & Brown, P.C., Washington, D.C., argued for plaintiff-appellant. With him on the brief were Raymond A. Kurz and Bart G. Newland, of counsel.

Lee F. Grossman, Wood, Phillips, Mason, Recktenwald & Van Santen, Chicago, Ill., argued for defendants-appellees. With him on the brief were James C. Wood and Jeffrey L. Clark.

Before NEWMAN, LOURIE, and CLEVENGER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This action for patent infringement and inducement to infringe relates to the use of a patented medical device in violation of a "single use only" notice that accompanied the sale of the device. Mallinckrodt sold its patented device to hospitals, which after initial use of the devices sent them to Medipart for servicing that enabled the hospitals to use the device again. Mallinckrodt claimed that Medipart thus induced infringement by...

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