SUMMIT TECHNOLOGY, INC. v. NIDEK CO., LTD.

No. 03-1214.

363 F.3d 1219 (2004)

SUMMIT TECHNOLOGY, INC., Plaintiff-Appellant, v. NIDEK CO., LTD., Nidek, Inc., and Nidek Technologies, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: March 26, 2004.


Attorney(s) appearing for the Case

Wayne L. Stoner, Hale and Dorr LLP, of Boston, MA, argued for plaintiff-appellant. With him on the brief were Lisa J. Pirozzolo and Debra Squires-Lee. Of counsel on the brief was Thomas J. Engellenner, Nutter, McClennen & Fish, LLP, of Boston, MA.

Neil B. Siegel, Sughrue Mion, PLLC, of Washington, DC, argued for defendants-appellees. With him on the brief were Robert M. Masters, Abraham J. Rosner and Paul J. Wilson. Of counsel on the brief were David S. Godkin, Kristina E. Barclay, and Jill L. Brenner, Testa, Hurwitz & Thibeault, LLP, of Boston, MA.

Before SCHALL, BRYSON, and LINN, Circuit Judges.


LINN, Circuit Judge.

Summit Technology, Inc. ("Summit") appeals from the entry of judgment as a matter of law of non-infringement of all asserted claims of its U.S. Patents Nos. 4,941,093 ("the Marshall '093 patent") and 4,973,330 ("the Azema '330 patent"), entered by the United States District Court for the District of Massachusetts in favor of defendants Nidek Co., Ltd., Nidek, Inc., and Nidek Technologies, Inc. (collectively "Nidek"), following a jury verdict that...

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