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

Nos. 99-1532, 00-1165.

244 F.3d 1365 (2001)

MENTOR H/S, INC. (now known as Mentor Texas Inc.) and Sonique Surgical Systems, Inc., Plaintiffs-Appellants, v. MEDICAL DEVICE ALLIANCE, INC., Lysonix, Inc., and Misonix, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Decided April 9, 2001.

Attorney(s) appearing for the Case

Frank E. Scherkenbach, Fish & Richardson, P.C., of Menlo Park, California, argued for plaintiffs-appellants. With him on the brief were Robert E. Hillman, Fish & Richardson, of Boston, Massachusetts; and Richard J. Anderson and John A. Dragseth, Fish & Richardson, 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.

LOURIE, Circuit Judge.

Mentor H/S, Inc. appeals from the decision of the United States District Court for the Central District of California, following a jury verdict of direct, contributory, and inducement of infringement of Mentor's U.S. Patent 4,886,491 by Medical Device Alliance, Inc. ("MDA"), Lysonix, Inc., and Misonix, Inc. (collectively, "the defendants"). The court (1) granted the defendants' motion for judgment as a matter of law ("JMOL") that a best mode...

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