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INVERNESS MEDICAL v. WARNER LAMBERT CO.

Nos. 01-1147, 01-1177.

309 F.3d 1373 (2002)

INVERNESS MEDICAL SWITZERLAND GmbH and Unipath Diagnostics, Inc., Plaintiffs-Appellants, v. WARNER LAMBERT COMPANY, (now known as Pfizer Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 31, 2002.

Attorney(s) appearing for the Case

J. Anthony Downs, Goodwin Procter, LLP, of Boston, Massachusetts, argued for plaintiffs-appellants. Of counsel were Ronald H. Schwillinski and Paul F. Ware, Jr. Also of counsel was Keith A. Zullow, Goodwin Procter LLP, of New York, New York; and Edwin F. Chociey, Jr., Riker, Danzig, Scherer, Hyland & Perretti LLP, of Morristown, New Jersey.

Charles P. Kennedy, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellee. With him on the brief was Jonathan A. David.

Before RADER, BRYSON, and DYK, Circuit Judges.

DYK, Circuit Judge.

Inverness Medical Switzerland Gmbh and Unipath Diagnostics, Inc. (collectively "Unipath") appeal from the decision of the United States District Court for the District of New Jersey granting summary judgment of non-infringement of U.S. Patent Nos. 5,622,871 ("the '871 patent"), 5,602,040 ("the '040 patent"), and 5,656,503 ("the '503 patent") (collectively "the patents-in-suit"). Conopco, Inc. v. Warner Lambert Co., No. 99-101 (D.N.J. Nov...

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