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MEDTRONIC AVE INC. v. CORDIS CORPORATION

No. 04-1042.

367 F.3d 147 (2004)

Medtronic Ave Inc., Medtronic Vascular, Inc., a/k/a Medtronic Vascular, Inc. v. Cordis Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 30, 2004.

Attorney(s) appearing for the Case

Karen J. Louden, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Raphael V. Lupo (Argued), Natalia Blinkova, Donna M. Tanguay, McDermott, Will & Emery, Washington, DC., Elliot Silverman, McDermott, Will & Emery, Irvine, CA, for Appellee.

Gregory L. Diskant (Argued), Eugene M. Gelernter, William F. Cavanaugh, Jr., Wendy E. Kemp, Scott B. Howard, Kathleen M. Crotty, Patterson, Belknap, Webb & Tyler, NY, for Appellant.

Before: AMBRO, CHERTOFF and BECKER, Circuit Judges.

OPINION

BECKER, Circuit Judge.

This appeal by Cordis Corp. ("Cordis"), the defendant in a patent infringement lawsuit brought against it by Medtronic AVE, Inc. ("Medtronic AVE"), requires us to decide whether Cordis's claim that it has a license to use certain patents should be determined by an arbitrator. The District Court held that the dispute was not arbitrable, and enjoined arbitration. We will vacate and remand Because the parties are fully familiar...

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