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MENTOR H/S, INC. v. MEDICAL DEVICE ALLIANCE, INC.

Nos. 99-1532, 00-1165.

240 F.3d 1016 (2001)

MENTOR H/S, INC. (now known as Mentor Texas Inc.), Plaintiff-Appellant, v. MEDICAL DEVICE ALLIANCE, INC., Lysonix, Inc. and Misonix, Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

February 12, 2001.

Attorney(s) appearing for the Case

Frank E. Scherkenbach, Fish & Richardson, P.C., of Menlo Park, California, argued for plaintiff-appellant. Of counsel on the brief were Robert E. Hillman, Fish & Richardson, P.C., of Boston, Massachusetts; and Richard J. Anderson, and John A. Dragseth, Fish & Richardson, P.C., P.A., of Minneapolis, Minnesota.

Matthew D. Powers, Weil, Gotshal & Manges LLP, of Menlo Park, California, argued for defendants-cross appellants. With him on the brief were Steven S. Cherensky, Christopher J. Cox, and Nancy K. Raber.

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

ORDER

PER CURIAM.

The court, on its own motion, determines as follows:

This case comes to us on appeal from the decisions of the United States District Court for the Central District of California, following a jury trial, on the infringement, validity, and enforceability of U.S. Patent No. 4,886,491 (the "'491 patent"). Mentor H/S, Inc. v. Med. Device Alliance, Inc., No. CV 97-2431-WDK (C...

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