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NOVAMEDIX, LTD. v. NDM ACQUISITION CORP.

No. 97-1507.

166 F.3d 1177 (1999)

NOVAMEDIX, LIMITED, Plaintiff-Appellant, v. NDM ACQUISITION CORPORATION and Vesta Healthcare, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 28, 1999.

Attorney(s) appearing for the Case

Stephen J. Marzen, Sherman & Sterling, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Reginald R. Goeke.

Shannon M. O'Toole, Oppenheimer Wolff & Donnelly, of Minneapolis, Minnesota, argued for defendants-appellees. With her on the brief was Anne F. Larson.

Before RICH, Circuit Judge, SMITH, Senior Circuit Judge and NEWMAN, Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Novamedix Limited ("Novamedix") appeals the March 20, 1997 order of the District Court for the Southern District of Ohio, overruling a motion by Novamedix to enforce a consent judgment entered in a patent infringement suit brought by Novamedix against NDM. We hold that the settlement agreement incorporated into the consent decree is not a contract for the sale of goods and therefore the implied warranties of fitness and merchantability...

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