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ETHICON ENDO-SURGERY, INC. v. U.S. SURGICAL CORP.

No. 97-1574.

149 F.3d 1309 (1998)

ETHICON ENDO-SURGERY, INC., Plaintiff/counterclaim Defendant-Appellant, and Ethicon, Inc., Counterclaim Defendant-Appellant, v. UNITED STATES SURGICAL CORPORATION, Defendant/Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

Gerald Sobel, Kaye, Scholer, Fierman, Hays & Handler, LLP, New York City, argued for plaintiff/counterclaim defendants-appellants. With him on the brief Aaron Stiefel, and Daniel P. DiNapoli. Of counsel were Robert A. Pitcairn, Jr., Katz, Teller, Brant & Hild, of Cincinnati, Ohio; and Eric I. Harris, Johnson & Johnson, New Brunswick, New Jersey.

Eric J. Lobenfeld, Chadbourne & Parke, LLP, New York City, argued for defendant/counterclaimant-appellee. With him on the brief was Drew M. Wintringham. Of counsel were Thomas R. Bremer, and John C. Andres, United States Surgical Corporation, Norwalk, Connecticut.

Before LOURIE, CLEVENGER, and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

Ethicon Endo-Surgery, Inc. and Ethicon, Inc. (collectively, "Ethicon") appeal from the decision of the United States District Court for the Southern District of Ohio granting summary judgment that United States Surgical Corporation ("USSC") does not infringe claims 6 or 24 of U.S. Reissue Patent 34,519 under the doctrine of equivalents. See Ethicon Endo-Surgery, Inc. v. United States Surgical Corp., No. 94-CV-74, (S.D. Ohio June 30, 1997...

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