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BRASSELER, U.S.A. I, L.P. v. STRYKER SALES CORP.

Nos. 98-1512, 98-1524.

182 F.3d 888 (1999)

BRASSELER, U.S.A. I, L.P., Plaintiff-Appellant, v. STRYKER SALES CORPORATION and Stryker Corporation, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 16, 1999.

Attorney(s) appearing for the Case

John D. Fleming, Jr., Sutherland Asbill & Brennan, LLP, of Atlanta, Georgia, argued for plaintiff-appellant. With him on the brief were John L. North and Allegra J. Lawrence.

Gregory J. Vogler, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for defendants-cross appellants. With him on the brief was Geoffrey A. Baker.

Of counsel on the brief was Alexander J. Simmons, Jr., Schreeder, Wheeler & Flint, LLP, of Atlanta, Georgia; and Paul W. Painter, Jr., Ellis, Painter, Ratterree & Bart LLP, of Savannah, Georgia.

Before PLAGER, LOURIE and CLEVENGER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 16, 1999.

PLAGER, Circuit Judge.

DECISION

Plaintiff Brasseler, U.S.A. I, L.P. ("Brasseler") appeals a judgment that its U.S. Patent No. 5,306,285 is invalid for violation of the "on sale" bar of 35 U.S.C. § 102(b). The judgment of invalidity was entered by the U.S. District Court for the Southern District of Georgia on motion for summary...

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