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SMITHS INDUSTRIES MEDICAL SYSTEMS v. VITAL SIGNS

No. 98-1106.

183 F.3d 1347 (1999)

SMITHS INDUSTRIES MEDICAL SYSTEMS, INC., as successor of Intertech Resources Inc., Plaintiff-Appellant, v. VITAL SIGNS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 14, 1999.

Attorney(s) appearing for the Case

Richard A. Schnurr, Marshall, O'Toole, Gerstein, Murray & Borun, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Allen H. Gerstein, Owen J. Murray, and Danielle M. Johnston.

Richard L. DeLucia, Kenyon & Kenyon, of New York, New York, argued for defendant-appellee. Of counsel on the brief were Richard L. Mayer, Michael D. Loughnane, Elizabeth A. Gardner and John R. Hutchins. Of counsel were Charles Lee Thomason and R. Gale Rhodes, Jr., Thomason & Moser, of Red Bank, New Jersey.

Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge LOURIE.

ORDER

A petition for rehearing having been filed by appellant and a response thereto having been invited by the court and filed by the appellee,

Upon consideration thereof, it is

ORDERED that the petition for rehearing be granted for the limited purpose of clarifying this court's opinion.

IT IS FURTHER ORDERED that the...

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