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GO MEDICAL INDUSTRIES PTY., LTD. v. INMED CORP.

Nos. 05-1241, 05-1267, 05-1588.

471 F.3d 1264 (2006)

GO MEDICAL INDUSTRIES PTY., LTD. and Alexander G.B. O'Neil, Plaintiffs-Appellants, v. INMED CORPORATION (doing business as Rüsch), Defendant-Cross Appellant, and Alpine Medical, Inc. (formerly known as Medical Marketing Group, Inc.), Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 27, 2006.

Attorney(s) appearing for the Case

Patrick J. Flinn, Alston & Bird, LLP, of Atlanta, GA, argued for plaintiffs-appellants. With him on the brief were Robin L. McGrath, Angela Payne James and Andrew J. Wilson.

William K. West, Jr., Howrey LLP, of Washington, DC, argued for defendant-cross appellant Inmed Corporation. Of counsel on the brief were Juliana M. Cofrancesco, Susan M. Kayser and Jim W. Ko.

Ron L. Quigley, Davis, Matthews & Quigley, P.C., of Atlanta, GA, argued for defendant-cross appellant Alpine Medical, Inc. Of counsel was Charles E. Campbell, McKenna Long & Aldridge, LLP, of Atlanta, GA.

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

MICHEL, Chief Judge.

Go Medical Industries, Pty., Ltd. and Dr. Alexander G.B. O'Neil (collectively "Go") appeal from a final judgment of the United States District Court for the Northern District of Georgia. Go challenges orders (1) granting its motion for summary judgment of patent infringement but finding, inter alia, that the asserted claims were invalid as anticipated because Go was not entitled to claim the priority date of an earlier application, Go Medical...

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