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C.R. BARD, INC. v. U.S. SURGICAL CORP.

No. 04-1135.

388 F.3d 858 (2004)

C.R. BARD, INC. and Davol Inc., Plaintiffs-Appellants, v. UNITED STATES SURGICAL CORP., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 29, 2004.

Attorney(s) appearing for the Case

Claire Laporte, Foley Hoag LLP, of Boston, Massachusetts, argued for plaintiffs-appellants. With her on the brief was Peter B. Ellis.

Drew M. Wintringham, III, Clifford Chance US, LLP, of New York, New York, argued for defendant-appellee. With him on the brief was Mark W. Rueh.

Before NEWMAN, MICHEL, and PROST, Circuit Judges.

MICHEL, Circuit Judge.

C.R. Bard, Inc. and its subsidiary, Davol Inc., (collectively, "Bard") appeal from the December 10, 2003, final judgment of non-infringement of claim 20 of U.S. Patent No. 5,356,432 ("'432 patent") in favor of United States Surgical Corp. ("U.S. Surgical"). The appeal was submitted for decision following oral argument on September 8, 2004. Because the district court did not err in construing the mesh surgical plug of claim 20 as requiring a...

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