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AUGUSTINE MEDICAL, INC. v. GAYMAR INDUSTRIES, INC.

Nos. 98-1001, 98-1002, 98-1054, 98-1244, 98-1266.

181 F.3d 1291 (1999)

AUGUSTINE MEDICAL, INC., Plaintiff-Cross Appellant, v. GAYMAR INDUSTRIES, INC. and Medisearch P R, Inc., Defendants-Appellants, and Mallinckrodt Group, Inc. and Mallinckrodt Medical, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 6, 1999.

Attorney(s) appearing for the Case

J. Randall Benham, Augustine Medical, Inc., of Eden Prairie, Minnesota, argued for plaintiff-cross appellant. With him on the brief were Jacob M. Holdreith, Craig J. Lervick, and Robert M. Rauker, Oppenheimer, Wolff & Donnelly LLP, of Minneapolis, MN.

Robert J. Lane, Jr., Hodgson, Russ, Andrews, Woods & Goodyear, LLP, of Buffalo, New York, argued for defendants-appellants Gaymar Industries, Inc., et al.

Raymond A. Kurz, Rothwell, Figg, Ernst and Kurz, of Washington, D.C., argued for defendants-appellants Mallinckrodt Group, Inc., et al. With him on the brief was G. Franklin Rothwell.

Before MAYER, Chief Judge, RADER, and GAJARSA, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 6, 1999.

RADER, Circuit Judge.

Augustine Medical, Inc. filed two separate lawsuits, one against Mallinckrodt Group, Inc. and Mallinckrodt Medical, Inc. (collectively, Mallinckrodt), and another against Gaymar Industries, Inc. and Medisearch P R, Inc. (collectively, Gaymar). Each lawsuit alleged infringement of Augustine Medical's U.S. Patent Nos. 5,300,102 (the '102 patent), 5,324,320 (the...

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