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BIONX IMPLANTS, INC. v. LINVATEC CORP.

No. 00-1453.

299 F.3d 1378 (2002)

BIONX IMPLANTS, INC., Bionx Implants, OY, and Dr. Saul N. Schreiber, Plaintiffs-Appellants, v. LINVATEC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 15, 2002.

Attorney(s) appearing for the Case

Paul M. Richter, Jr., Kenyon & Kenyon, of New York, NY, argued for plaintiffs-appellants. On the brief was Richard L. DeLucia, of New York, NY. Of counsel were Michael D. Loughnane, Jeffrey M. Butler, and Richard L. Mayer of New York, NY; and C. Kyle Musgrove and John R. Hutchins of Washington, DC.

John J. Normile, Pennie & Edmonds LLP, of New York, NY, argued for defendant-appellee. With him on the brief were Bruce J. Barker, John D. Garretson, and Claudia DP Zumbro.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Bionx Implants, Inc., and two related parties, Bionx Implants, OY, and Dr. Saul N. Schreiber, (collectively, "Bionx") brought suit against Linvatec Corporation for infringement of United States Patent No. 4,873,976 ("the '976 patent"). The United States District Court for the Southern District of New York granted Linvatec's motion for summary judgment of noninfringement. Based on the court's interpretation...

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