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KENDALL CO. v. PROGRESSIVE MEDICAL TECHNOLOGY, INC.

No. 95-1444.

85 F.3d 1570 (1996)

The KENDALL COMPANY, Plaintiff-Appellant, v. PROGRESSIVE MEDICAL TECHNOLOGY, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 1996.

Attorney(s) appearing for the Case

Paul J. Hayes, Weingarten, Shurgin, Gagnebin & Hayes, Boston, Massachusetts, argued for plaintiff-appellant. With him on the brief was Dean G. Bostock.

Jeffery V. Stuckey, Dickinson, Wright, Moon, Van Dusen & Freeman, argued for defendant-appellee. With him on the brief were Gregory L. McClelland, Lansing, Michigan, and Conrad J. Clark, of Washington, D.C.

Before ARCHER, Chief Judge, LOURIE and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

The Kendall Company appeals from the decision of the United States District Court for the Western District of Michigan granting summary judgment of noninfringement in favor of Progressive Medical Technology, Inc. Kendall Co. v. Progressive Medical Technology, Inc., No. 5:93-CV-89 (W.D. Mich. June 12, 1995). We affirm.

BACKGROUND

Kendall is the assignee of U.S. Patent 4,253,449, directed to a medical device for applying...

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