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STRYKER CORP. v. DAVOL INC.

Nos. 99-1202, 99-1555.

234 F.3d 1252 (2000)

STRYKER CORPORATION, Plaintiff-Cross Appellant, v. DAVOL INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied February 6, 2001.

Attorney(s) appearing for the Case

Gregory J. Vogler, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for plaintiff-cross appellant. With him on the brief was Timothy J. Malloy. Of counsel on the brief was Charles E. Ritter, Miller, Canfield, Paddock and Stone, P.L.C. Of counsel were Sharon A. Hwang and Scott P. McBride, McAndrews, Held & Malloy, Ltd.

Peter C. McCabe III, Winston & Strawn, of Chicago, Illinois, argued for defendant-appellant. With him on the brief was Raymond C. Perkins. Of counsel on the brief was Michael J. Sweedler, Darby & Darby, P.C., of New York, New York. Of counsel was Peggy M. Balesteri, Winston & Strawn.

Before MAYER, Chief Judge, NEWMAN and SCHALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 6, 2001.

MAYER, Chief Judge.

Davol, Inc. (Davol) appeals the orders of the United States District Court for the Western District of Michigan (1) granting summary judgment that Stryker Corp's (Stryker) instruments do not infringe Davol's United States Patent Nos. 5,391,145 ('145 patent) directed to an "irrigation control valve for endoscopic instrument," and 5,586,977 ('977 patent) directed to a "quick disconnect...

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