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ORMCO CORP. v. ALIGN TECHNOLOGY, INC.

No. 05-1426.

463 F.3d 1299 (2006)

ORMCO CORPORATION, Plaintiff/Counterdefendant-Appellant, and Allesee Orthodontic Appliances, Inc., Counterdefendant-Appellant, v. ALIGN TECHNOLOGY, INC., Defendant/Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

August 30, 2006.

Attorney(s) appearing for the Case

David L. DeBruin, Michael Best & Friedrich LLP, of Milwaukee, Wisconsin, argued for plaintiff/counterdefendant-appellant and counterdefendant-appellant. With him on the brief was Charles J. Crueger. Of counsel was Richard H. Marschall.

Anne M. Rogaski, Townsend and Townsend and Crew LLP, of Palo Alto, California, argued for defendant/counterclaimant-appellee. With her on the brief were Daniel J. Furniss and Gary H. Ritchey. Of counsel was Christl M.N. Denecke.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.

DYK, Circuit Judge.

Ormco Corporation and its subsidiary, Allesee Orthodontic Appliances, Inc. (collectively "Ormco"), appeal from the judgment of the United States District Court for the Central District of California finding, inter alia, that claims 1-3 and 7 of Align Corporation's ("Align's") U.S. Patent No. 6,554,611 (the '611 patent) and claims 10 and 17 of Align's U.S. Patent No. 6,398,548 (the '548 patent) are infringed by Ormco's "Red, White & Blue...

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