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STRYKER CORP. v. INTERMEDICS ORTHOPEDICS, INC.

No. 96-1082.

96 F.3d 1409 (1996)

STRYKER CORPORATION and Osteonics Corporation, Plaintiffs-Appellees, v. INTERMEDICS ORTHOPEDICS, INC., and Marli Medical Supplies, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 6, 1996.

Attorney(s) appearing for the Case

John A. Diaz, Morgan & Finnegan, L.L.P., New York City, argued, for plaintiffs-appellees. With him on the brief were Robert E. Paulson, Harry C. Marcus, Michael A. Nicodema, Christopher A. Hughes, James W. Gould, and Andrea L. Wayda. Of counsel was Mark J. Abate.

Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, argued, for defendants-appellants. With him on the brief was Steven J. Bosses. Of counsel on the brief were Peter G. Dorflinger and David S. Wise, SULZERmedica USA, Inc., of Angleton, TX, and Larry C. Jones, Bell, Seltzer, Park & Gibson, of Charlotte, NC. Of counsel was Raymond R. Mandra.

Before PLAGER, SCHALL, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined December 6, 1996.

SCHALL, Circuit Judge.

Intermedics Orthopedics, Inc. ("Intermedics") and Marli Medical Supplies, Inc. ("Marli") ("appellants") appeal from the judgment of the United States District Court for the Eastern District of New York in Stryker Corp. v. Intermedics Orthopedics, Inc., 891 F.Supp. 751 (E.D.N.Y.1995). Stryker Corporation ("Stryker...

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