BICON, INC. v. STRAUMANN CO.

No. 05-1168.

441 F.3d 945 (2006)

BICON, INC., and Diro, Inc., Plaintiffs-Appellants, v. THE STRAUMANN COMPANY and Institut Straumann AG, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 20, 2006.


Attorney(s) appearing for the Case

Frank P. Porcelli, Fish & Richardson P.C., of Boston, Massachusetts, argued for plaintiffs-appellants. With him on the brief were Charles Hieken and Thomas A. Brown. Of counsel were Colter Paulson, Fish & Richardson P.C., of Boston, Massachusetts; and Berj A. Terzian, of Newbury, Massachusetts.

Milton Sherman, Kaye Scholer LLP, of New York, New York, argued for defendants-appellees. Of counsel was Stephen J. Elliott.

Before MICHEL, Chief Judge, BRYSON, and GAJARSA, Circuit Judges.


BRYSON, Circuit Judge.

This case turns on the construction of a patent that claims an apparatus used with dental implants. The patent, U.S. Pat. No. 5,749,731 ("the '731 patent"), describes a plastic cuff that is designed to preserve a space around a dental implant so that when a dental crown is placed on top of the implant, the base of the crown can fit beneath the patient's gum line.

Diro, Inc., owns the '731 patent. Joined by its licensee (Bicon, Inc.)...

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