CARDIAC PACEMAKERS, INC. v. ST. JUDE MEDICAL, INC.

Nos. 02-1532, 02-1559.

381 F.3d 1371 (2004)

CARDIAC PACEMAKERS, INC., Guidant Sales Corporation, and Eli Lilly and Company, Plaintiffs-Appellants, and Anna Mirowski, Plaintiff-Appellant, v. ST. JUDE MEDICAL, INC., Pacesetter, Inc., and Ventritex, Inc., Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

August 31, 2004.


Attorney(s) appearing for the Case

Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, VA, for plaintiff-appellant Anna Mirowski, argued for plaintiffs-appellants. With him on the brief was Jeffrey B. McIntyre. Of counsel on the brief was Richard R. McDowell, Hill, Fulwider, McDowell, Funk & Matthews, of Indianapolis, IN. Also on the brief were J. Michael Jakes and Kara F. Stoll, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for plaintiffs-appellants Cardiac Pacemakers, Inc., et al.

Denis R. Salmon, Gibson, Dunn & Crutcher LLP, of Palo Alto, California, argued for defendants-cross appellants. With him on the brief was H. Mark Lyon. Also on the brief was Mark A. Perry, of Washington, DC. Of counsel on the brief were Jeffrey M. Olson, Sidley Austin Brown & Wood LLP, of Los Angeles, CA, and Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., of New York, NY.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

This patent infringement action was brought by Cardiac Pacemakers, Inc., Guidant Sales Corp., Eli Lilly and Company, and Anna Mirowski (collectively "CPI") against St. Jude Medical, Inc., Pacesetter, Inc., and Ventritex, Inc. (collectively "St. Jude"), in the United States District Court for the Southern District of Indiana.1 The appeal relates to United States...

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