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GENERATION II ORTHOTICS v. MEDICAL TECHNOLOGY

No. 00-1106.

263 F.3d 1356 (2001)

GENERATION II ORTHOTICS INC. and Generation II USA Inc., Plaintiffs-Appellants, v. MEDICAL TECHNOLOGY INC. (doing business as Bledsoe Brace Systems), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 15, 2001.

Attorney(s) appearing for the Case

Duane H. Mathiowetz, Townsend & Townsend and Crew LLP, of San Francisco, CA, argued for plaintiff-appellant. With him on the brief was K.T. Cherian.

Roy W. Hardin, Locke, Liddell & Sapp, LLP, of Dallas, TX, argued for defendant-appellee. With him on the brief was Eugene C. Vallow. Of counsel was L. Dan Tucker.

Before NEWMAN, LINN, and DYK, Circuit Judges.

LINN, Circuit Judge.

Generation II Orthotics, Inc. and its exclusive licensee, Generation II USA, Inc., appeal the district court's claim construction and resulting judgment of non-infringement of United States Patent Nos. 5,302,169 ("'169 patent") and 5,400,806 ("'806 patent"). Generation II Orthotics Inc. v. Med. Tech. Inc., No. C95-1842C, (W.D.Wash. Oct. 13, 1999). Because the district court erred in its construction of the term "controlled" in a functional...

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