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HESS v. ADVANCED CARDIOVASCULAR SYSTEMS, INC.

No. 96-1066.

106 F.3d 976 (1997)

Robert L. HESS, Plaintiff-Appellant, v. ADVANCED CARDIOVASCULAR SYSTEMS, INC., Defendant-Appellee. ADVANCED CARDIOVASCULAR SYSTEMS, INC., Plaintiff/Cross-Complainant Defendant-Appellee, v. SCIMED LIFE SYSTEMS, INC., Defendant, and Robert L. Hess, Cross-Complainant/Appellant.

United States Court of Appeals, Federal Circuit.

February 18, 1997.

Attorney(s) appearing for the Case

Keith V. Rockey, Dressler, Rockey, Milnamow & Katz, Ltd., Chicago, IL, argued for plaintiff-appellant and cross-complainant/appellant. With him on the brief was Kathleen A. Lyons.

Craig B. Bailey, Fulwider Patton Lee & Utecht, Los Angeles, CA, argued for defendant-appellee and plaintiff/cross-complainant defendant-appellee. With him on the brief were Richard A. Bardin and Paul M. Stull. Of counsel on the brief was Mark B. Mondry, Advanced Cardiovascular Systems, Inc., Santa Clara, CA.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This appeal challenges the decision of the United States District Court for the Northern District of California that the materials and suggestions the appellant Robert L. Hess provided to the listed inventors of a patent did not make him a co-inventor of the patented device. We affirm.

I.

A. United States Patent No. 4,323,071 (the '071 patent), which listed Drs. John B. Simpson and Edward W. Robert as the inventors...

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