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GREENBERG v. ETHICON ENDO-SURGERY, INC.

No. 96-1023.

91 F.3d 1580 (1996)

I. Melbourne GREENBERG, M.D., Plaintiff-Appellant, v. ETHICON ENDO-SURGERY, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 10, 1996.

Attorney(s) appearing for the Case

Mark T. Banner, Banner & Allegretti, Ltd., Chicago, Illinois, argued, for plaintiff-appellant. With him on the brief were D. Dennis Allegretti, Boston, Massachusetts, and David M. Frischkorn, Thomas K. Pratt, and Christopher J. Renk, Chicago, Illinois.

Harry J. Roper, Roper & Quigg, Chicago, Illinois, argued, for defendant-appellee. With him on the brief were Raymond N. Nimrod and Aaron A. Barlow.

Before MICHEL, Circuit Judge, NIES, Senior Circuit Judge, and BRYSON, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 10, 1996.

BRYSON, Circuit Judge.

This appeal arises from a patent dispute involving surgical instruments. The district court granted the motion of appellee Ethicon Endo-Surgery, Inc. (Ethicon) for summary judgment against appellant Greenberg, the patentee. Concluding that the district court erred in construing the claim at issue in this case, we vacate and remand for further proceedings.<...

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