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PANNU v. STORZ INSTRUMENTS, INC.

No. 00-1482.

258 F.3d 1366 (2001)

Jaswant S. PANNU and Jaswant S. Pannu, M.D., P.A., Plaintiffs-Appellants, v. STORZ INSTRUMENTS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided July 25, 2001.

Attorney(s) appearing for the Case

Michael C. Cesarano, Akerman, Senterfitt & Eidson, P.A., of Miami, Florida, argued for plaintiffs-appellants.

Edward W. Remus, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for defendant-appellee. With him on the brief was Jonathan R. Sick. Of counsel on the brief were Craig E. Larson, Bausch & Lomb, Incorporated, of Rochester, New York; and Rita D. Vacca, Bausch & Lomb Surgical, Inc., of St. Louis, Missouri.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

MAYER, Chief Judge.

Jaswant S. Pannu and Jaswant S. Pannu, M.D., P.A. (collectively Pannu) appeal the judgment of the United States District Court for the Southern District of Florida, Pannu v. Storz Instruments, Inc., 106 F.Supp.2d 1304 (S.D.Fla.2000), granting summary judgment for Storz Instruments, Inc. (Storz) that U.S. Patent No. Re 32,525 is invalid under 35 U.S.C. § 251, the recapture rule. Because the reissued...

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