LIFESCAN, INC., Plaintiff-Appellant,
v.
HOME DIAGNOSTICS, INC., Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 2, 1996.
February 2, 1996.
Attorney(s) appearing for the Case
Philip S. Johnson, Woodcock Washburn Kurtz Mackiewicz & Norris, Philadelphia, Pennsylvania, argued, for plaintiff-appellant. With him on the brief were Dianne B. Elderkin, Joseph Lucci, and Barbara L. Mullin. Of counsel was Lynn A. Malinoski.
Ernest J. Beffel, Jr., Hancock, Rothert & Bunshoft, San Francisco, California, argued, for defendant-appellee. With him on the brief was Elizabeth C. Krivatsy. Of counsel was Mark A. Haynes, Haynes & Davis, Menlo Park, CA.
Before NEWMAN, RADER, and BRYSON, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PAULINE NEWMAN, Circuit Judge.
The United States District Court for the Northern District of California1 granted summary judgment that Home Diagnostics, Inc. (HDI) did not infringe United States Patent No. 5,049,487, owned by Lifescan, Inc. We affirm the judgment that there was not literal infringement, and reverse the grant of summary judgment of non-infringement under the doctrine of equivalents. That issue requires trial; we remand...
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