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WRIGHT MEDICAL TECHNOLOGY, INC. v. OSTEONICS CORP.

No. 97-1007.

122 F.3d 1440 (1997)

WRIGHT MEDICAL TECHNOLOGY, INC. and Dow Corning Corp. (formerly Dow Corning Wright Corp.), Plaintiffs-Appellants, v. OSTEONICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 27, 1997.

Attorney(s) appearing for the Case

Frank P. Porcelli, Fish & Richardson, P.C., of Boston, MA, argued for plaintiffs-appellants. With him on the brief were John M. Skenyon and Mark J. Hebert.

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, of Westfield, NJ, argued for defendant-appellee. With him on brief were Roy H. Wepner and Paul H. Kochanski. Of counsel was Keith E. Gilman.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

Wright Medical Technology, Inc. and Dow Corning Corp. (collectively "Wright") appeal from the summary judgment of the United States District Court for the District of Massachusetts that Osteonics Corp. does not infringe U.S. Patent 4,474,177, either literally or under the doctrine of equivalents. See Dow Corning Wright Corp. v. Osteonics Corp., 939 F.Supp. 65 (D.Mass.1996). Because the district court...

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