ETHICON, INC. v. UNITED STATES SURGICAL CORP.

No. 97-1269.

135 F.3d 1456 (1998)

ETHICON, INC. and InBae Yoon, M.D., Plaintiffs-Appellants, v. UNITED STATES SURGICAL CORPORATION and Young Jae Choi, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined April 1, 1998.


Attorney(s) appearing for the Case

David F. Dobbins, Patterson, Belknap, Webb & Tyler, LLP, New York City, argued for plaintiffs-appellants. On brief were Thomas W. Pippert, Jeffrey I.D. Lewis, and Erik Haas. Of counsel was Eugene M. Gelernter.

Harvey Kurzweil, Dewey Ballantine, New York City, argued for defendants-appellees. On brief were Clark E. Walter, Joseph Angland, Bradford J. Badke, and Lawrence Brocchini. Of counsel was Jacob D. Zeldes, Zeldes, Needle & Cooper, Bridgeport, CT. Also of counsel were Thomas R. Bremer and Basam E. Nabulsi, United States Surgical Corporation, Norwalk, CT.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined April 1, 1998.

RADER, Circuit Judge.

In this patent infringement action, Dr. InBae Yoon (Yoon) and his exclusive licensee, Ethicon, Inc. (Ethicon), appeal from the judgment of the United States District Court for the District of Connecticut. In 1989, Yoon and Ethicon sued United States Surgical Corporation (U.S. Surgical) for infringement of U.S. Patent No. 4,535,773 (the '773 patent). In 1993, the...

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