MEDRAD, INC. v. TYCO HEALTHCARE GROUP LP

No. 06-1082.

466 F.3d 1047 (2006)

MEDRAD, INC., Plaintiff-Appellant, v. TYCO HEALTHCARE GROUP LP, Mallinckrodt Inc., Liebel-Flarsheim Co., and Nemoto Kyorindo Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 16, 2006.


Attorney(s) appearing for the Case

W. Thomas McGough, Jr., Reed Smith LLP, of Pittsburgh, PA, argued for plaintiff-appellant. On the brief were Robert J. Walters and Charles Hawkins, Sutherland Asbill & Brennan, LLP, of Washington, DC. Of counsel on the brief were Frederick H. Colen and Barry J. Coyne, Reed Smith LLP, of Pittsburgh, PA; and Arthur Wineburg, Akin Gump Strauss Hauer & Feld, LLP, of Washington, DC. Of counsel was Gregory L. Bradley, Medrad, Inc., of Indianola, PA.

J. Robert Chambers, Wood, Herron & Evans, L.L.P, of Cincinnati, OH, argued for defendants-appellees. With him on the brief was Theodore R. Remaklus.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.


LINN, Circuit Judge.

Medrad, Inc. appeals from a final judgment granting the motion of Tyco Healthcare Group LP, Mallinckrodt Inc., Liebel-Flarsheim Co., and Nemoto Kyorindo Co., Ltd. (collectively "Tyco") for summary judgment of invalidity of U.S. Reissue Patent No. 37,602 ('602 reissue patent). Medrad, Inc. v. Tyco Healthcare Group, LP, 391 F.Supp.2d 374 (W.D.Pa.2005). Because...

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