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BROOKHILL-WILK 1, LLC v. INTUITIVE SURGICAL, INC.

No. 02-1145.

326 F.3d 1215 (2003)

BROOKHILL-WILK 1, LLC, Plaintiff-Appellant, v. INTUITIVE SURGICAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided April 11, 2003.

Attorney(s) appearing for the Case

Peter L. Berger and Marilyn Neiman, Levisohn, Lerner, Berger & Langsam, of New York, NY, argued for plaintiff-appellant.

David M. Shaw, Vice President, Legal Affairs & Corporate Counsel, Intuitive Surgical, Inc., of Sunnydale, CA, argued for defendant-appellee. With him on the brief was David M. Barkan, Fish & Richardson, P.C., of Redwood City, CA. Of counsel were Todd G. Miller and Dina Grinshpun, Fish & Richardson, P.C., of San Diego, CA; and Frank E. Scherkenbach, Fish & Richardson, P.C., of Boston, MA.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

Brookhill-Wilk 1, LLC ("Brookhill") appeals from the judgment of the United States District Court for the Southern District of New York dismissing its complaint after deciding, on motion for summary judgment, that Intuitive Surgical, Inc. ("Intuitive") had not infringed the claims of U.S. Patent No. 5,217,003 ("the '003 patent"). Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc., 178 F.Supp.2d 356

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