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DEPUY SPINE, INC. v. MEDTRONIC SOFAMOR DANEK, INC.

Nos. 05-1311, 05-1335.

469 F.3d 1005 (2006)

DEPUY SPINE, INC. (formerly known as Depuy Acromed, Inc.) and Biedermann Motech GMBH, Plaintiffs-Appellants, v. MEDTRONIC SOFAMOR DANEK, INC. (formerly known as Sofamor Danek Group, Inc.) and Medtronic Sofamor Danek USA, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

November 20, 2006.

Attorney(s) appearing for the Case

Kenneth R. Adamo, Jones Day, of Dallas, TX, argued for plaintiffs-appellants. With him on the brief were Calvin P. Griffith, Robert C. Kahrl, and Patrick J. Norton, of Cleveland, OH; Gregory A. Castanias, of Washington, DC; and Brian J. Murray, of Chicago, IL.

Dirk D. Thomas, Robins, Kaplan, Miller & Ciresi L.L.P, of Washington, DC, argued for defendants-cross appellants. With him on the brief were Robert A. Auchter and André J. Bahou; and David E. Marder, of Boston, MA.

Before NEWMAN, LINN, and PROST, Circuit Judges.

LINN, Circuit Judge.

DePuy Spine, Inc. (formerly DePuy AcroMed, Inc.) and Biedermann Motech GmbH (collectively "DePuy") appeal from grants of summary judgment that the Vertex® and bottom-loaded types of devices marketed by Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. (collectively "Medtronic") do not infringe U.S. Patent No. 5,207,678 ('678 patent). DePuy Acromed, Inc. v. Medtronic Sofamor Danek, Inc., No. 01-10165-EFH (D.Mass. Apr...

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