SMITH & NEPHEW, INC. v. ETHICON, INC.

No. 00-1160.

276 F.3d 1304 (2001)

SMITH & NEPHEW, INC. and John O. Hayhurst, M.D., Plaintiffs-Appellants, v. ETHICON, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 22, 2002.


Attorney(s) appearing for the Case

John M. Skenyon, Fish & Richardson P.C., of Boston, Massachusetts, argued for plaintiffs-appellants. With him on the brief were Mark J. Herbert, and Jeffrey L. Snow.

Vicki Ann Margolis, Venable, Baetjer, Howard & Civiletti, LLP, of Washington, DC, argued for defendant-appellee. With her on the brief were George F. Pappas, and Mitchell Y. Mirviss.

Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Smith & Nephew, Inc. and John O. Hayhurst, M.D. (together "S & N") appeal the summary judgment of the United States District Court for the District of Oregon, holding that Ethicon, Inc. did not infringe, induce infringement, or contribute to infringement of United States Patent No. 5,601,557 ("the '557 patent") entitled "Anchoring and Manipulating Tissue."1

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