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AUGUSTINE MEDICAL v. PROGRESSIVE DYNAMICS

No. 98-1364.

194 F.3d 1367 (1999)

AUGUSTINE MEDICAL, INC., Plaintiff-Appellant, v. PROGRESSIVE DYNAMICS, INC., Eugene Kilbourn, Robert Crozier, Blue Ridge Anesthesia & Critical Care, Inc., Brett Smith, Steven Morris, Keomed, Inc., Desmond Keogh, Central Medical, Inc. and Dennis Mills, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 25, 1999.

Attorney(s) appearing for the Case

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

Creighton R. Magid, Dorsey & Whitney LLP, of Minneapolis, Minnesota, argued for defendants-appellees. With him on the brief was Joseph F. Haag. Of counsel was Mark A. Wolfe.

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

DECISION

GAJARSA, Circuit Judge.

Augustine Medical, Inc. ("Augustine") appeals from the March 28, 1997 grant of summary judgment to Progressive Dynamics, Inc. ("Progressive") by the United States District Court for the District of Minnesota dismissing Augustine's claims of patent infringement. See Augustine Med., Inc. v. Progressive Dynamics, Inc., No. 4-96-CV-345 (D.Minn. March 28, 1997). After concluding that the district court correctly construed...

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