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TELECTRONICS PACING SYSTEMS v. VENTRITEX, INC.

No. 91-1289.

982 F.2d 1520 (1992)

TELECTRONICS PACING SYSTEMS, INC., Plaintiff-Appellant, v. VENTRITEX, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 21, 1992.

Attorney(s) appearing for the Case

Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., New York City, argued for plaintiff-appellant. With him on the brief were William C. Nealon, Suffield, CT and William H.G. Norman, Bronson, Bronson & McKinnon, San Francisco, CA, of counsel.

George H. Gerstman, Gerstman & Ellis, Ltd., Chicago, IL, argued for defendant-appellee. With him on the brief were Denis R. Salmon and Madison Jellins, Brobeck, Phileger & Harrison, Palo Alto, CA, of counsel.

RICH, MICHEL and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

In this case, plaintiff Telectronics charged defendant Ventritex with patent infringement, alleging that Ventritex had engaged in activities that were not exempt under 35 U.S.C. § 271(e)(1) (1988) as activities "solely for uses reasonably related" to obtaining FDA approval of its implantable defibrillator. In addition, plaintiff sought a declaratory judgment that, upon FDA approval, sales of Ventritex's device would infringe Telectronics...

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