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DSU MEDICAL CORP. v. JMS CO., LTD.

Nos. 04-1620, 05-1048, 04-1052.

471 F.3d 1293 (2006)

DSU MEDICAL CORPORATION and MEDISYSTEMS CORPORATION, Plaintiffs-Appellants, v. JMS CO., LTD. and JMS NORTH AMERICA CORPORATION, Defendants-Cross Appellants, and ITL Corporation PTY, Ltd., Defendant-Cross Appellant. ITL Corporation PTY, Ltd., Plaintiff-Cross Appellant, v. DSU Medical Corporation, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 13, 2006.

Attorney(s) appearing for the Case

William J. O'Brien, Alschuler Grossman Stein & Kahan LLP, of Santa Monica, California, argued for plaintiffs-appellants. Of counsel on the brief was Alan H. Blankenheimer, Heller Ehrman White & McAuliffe LLP, of San Diego, California.

Richard H. Zaitlen, Pillsbury Winthrop Shaw Pittman LLP, of Los Angeles, California, argued for defendants-cross appellants JMS Co., Ltd., et al. With him on the brief were Julian D. Forman; and Kevin T. Kramer, of Washington, DC. Of counsel were Ross R. Barton, of McLean, Virginia; and Blair M. Jacobs, Sutherland, Asbill & Brennan LLP, of Washington, DC.

Marc N. Bernstein, The Bernstein Law Group, of San Francisco, California, argued for defendant-cross appellant, ITL Corporation PTY, Ltd. With him on the brief were Ronald P. Flynn and Sarah Botz.

Before RADER, SCHALL, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER.

Concurring opinion filed by Chief Judge MICHEL, and Circuit Judge MAYER on en banc Section III B.

RADER, Circuit Judge.

DSU Medical Corporation (DSU) and Medisystems Corporation (MDS) (collectively DSU) sued JMS Company, Limited (JMS) and JMS North America (collectively JMS) and ITL Corporation Pty, Limited (ITL) for patent infringement, inducement to infringe, and contributory infringement of United...

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