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ABTOX, INC. v. EXITRON CORP.

Nos. 96-1159, 96-1164.

122 F.3d 1019 (1997)

ABTOX, INC., Plaintiff/Cross-Appellant, v. EXITRON CORPORATION, Adir Jacob, and Mdt Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 1, 1997.

Attorney(s) appearing for the Case

William L. Anthony, Jr., Brobek, Phleger & Harrison LLP, of Palo Alto, CA, argued for plaintiff/cross-appellant. With him on the brief were Robert DeBerardine and Karen Y. Spencer.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief were Allen M. Sokal and Howard A. Kwon. Of counsel on the brief were David V. Trask and James R. Duzan, of Trask, Britt & Ross, of Salt Lake City, UT, and John A. Lahive, Jr., Lahive & Cockfield, of Boston, MA.

Before MAYER, MICHEL and RADER, Circuit Judges.

RADER, Circuit Judge.

This case is on appeal from two decisions of the United States District Court for the District of Massachusetts. On cross-motions for summary judgment, the district court first held that AbTox, Inc. (AbTox) does not infringe MDT Corporation's (MDT's) patents. In a separate opinion, the district court held that MDT's use of the invention in pursuit of regulatory approval did not constitute infringement of AbTox's patent. Although the district...

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