MEHL/BIOPHILE INTERN. CORP. v. MILGRAUM

No. 99-1038.

192 F.3d 1362 (1999)

MEHL/BIOPHILE INTERNATIONAL CORP., Selvac Acquisitions Corp. and Nardo Zaias, M.D., Plaintiffs-Appellants, v. Sandy MILGRAUM, M.D., Palomar Medical Technologies, Inc., and Spectrum Medical Technologies, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 27, 1999.


Attorney(s) appearing for the Case

Jeffrey A. Schwab, Abelman, Frayne & Schwab, of New York, New York, argued for plaintiffs-appellants. With him on the brief were Michael Aschen and Anthony J. DiFilippi. Of counsel on the brief was George A. Arkwright, Schlesinger, Arkwright & Garvey, LLP, of Arlington, Virginia.

Wayne L. Stoner, Hale and Dorr, LLP, of Boston, Massachusetts, argued for defendants-appellees. With him on the brief were William F. Lee and James M. Hall. Of counsel on the brief was Thomas A. Reed, Palomar Medical Technologies, Inc., of Lexington, Massachusetts.

Before MAYER, MICHEL, and RADER, Circuit Judges.


RADER, Circuit Judge.

In this patent infringement action, MEHL/Biophile International Corp., Selvac Acquisitions Corp., and Dr. Nardo Zaias (collectively, MEHL/Biophile) asserted that Dr. Sandy Milgraum, Palomar Medical Technologies, Inc., and Spectrum Medical Technologies, Inc. (Milgraum) infringed U.S. Patent No. 5,059,192 (the '192 patent). On its motion for summary judgment, Milgraum contended that all of the '192 patent claims were anticipated by an instruction...

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