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HOWMEDICA OSTEONICS CORP. v. TRANQUIL PROSPECTS

No. 04-1302.

401 F.3d 1367 (2005)

HOWMEDICA OSTEONICS CORP., Plaintiff-Appellee, v. TRANQUIL PROSPECTS, LTD., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 28, 2005.

Attorney(s) appearing for the Case

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for plaintiff-appellee. With him on the brief were Paul H. Kochanski and Roy H. Wepner.

George C. Summerfield, Stadheim & Grear, Ltd., of Chicago, Illinois, argued for defendant-appellant. With him on the brief were Joseph A. Grear, Rolf O. Stadheim and Keith A. Vogt.

Before RADER, DYK, and PROST, Circuit Judges.

RADER, Circuit Judge.

Tranquil Prospects, Ltd. (Tranquil) is the owner by assignment of United States Patent Nos. 5,222,985 (June 29, 1993) and 4,636,214 (Jan. 13, 1987) (the '985 and '214 patents respectively) concerning the implantation of intramedullary prostheses. Howmedica Osteonics Corp. (Howmedica) sought a declaratory judgment in the Northern District of Indiana that the claims of the '985 and '214 patents are invalid, unenforceable, and not infringed. Tranquil...

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