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APPLIED MEDICAL RESOURCES CORP. v. U.S. SURGICAL CORP.

No. 05-1314.

448 F.3d 1324 (2006)

APPLIED MEDICAL RESOURCES CORPORATION, Plaintiff-Appellant, v. UNITED STATES SURGICAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 15, 2006.

Attorney(s) appearing for the Case

Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, California, argued for plaintiff-appellant. With him on the brief were Joseph J. Jennings, Joseph S. Cianfrani, and Mark A. Geier.

Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott LLP, of Denver, Colorado argued for defendant-appellee. With him on the brief was Glen E. Summers. Of counsel on the brief was Donald L. Morrow, Paul Hastings Janofsky & Walker LLP, of Costa Mesa, California.

Before GAJARSA, DYK and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST.

Dissenting opinion filed by Circuit Judge DYK.

PROST, Circuit Judge.

Applied Medical Resources Corporation ("Applied") appeals from a decision of the United States District Court for the Central District of California granting summary judgment of non-infringement of United States Patent No. 5,385,553 ("the '553 patent") in favor of United States Surgical Corporation ("U.S.Surgical"). See Applied...

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