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C.R. BARD, INC. v. M3 SYSTEMS, INC.

No. 96-1165.

157 F.3d 1340 (1998)

C.R. BARD, INC., Plaintiff-Appellant, v. M3 SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 1998.

Attorney(s) appearing for the Case

John F. Sweeney, Morgan & Finnegan, L.L.P., New York City, argued for plaintiff-appellant. With him on the brief were Harry C. Marcus, Desiree M. Stahl, and Walter G. Hanchuk. Of counsel were Warren H. Rotert and Steven F. Meyer.

Richard D. Harris, Law Offices of Dick and Harris, and Paul E. Slater, Sperling, Slater & Spitz, P.C., Chicago, Illinois, argued for defendant-appellee. With them on the brief were Max Shaftal, Jordan A. Sigale, and Jovan N. Jovanovic, Law Offices of Dick and Harris, and Greg Shinall, Sperling, Slater & Spitz, P.C.

Before MAYER, Chief Judge, NEWMAN and BRYSON, Circuit Judges.

Opinion for the court by Judge NEWMAN except for Part I.E (on-sale issue) and Part VI.C (attempt to monopolize). Judge BRYSON does not join Parts I.A-D of Judge NEWMAN'S opinion. The district court's judgment concerning the on-sale bar is affirmed in separate opinions by Chief Judge MAYER and Judge BRYSON. The district court's judgment concerning the attempt to monopolize issue is reversed-in-part by Judge NEWMAN'S opinion (Parts VI.A-B), which Chief Judge MAYER and Judge...

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