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MEDTRONIC, INC. v. GUIDANT CORPORATION

No. 05-1515.

465 F.3d 1360 (2006)

MEDTRONIC, INC., Plaintiff-Appellant, v. GUIDANT CORPORATION, GUIDANT SALES CORPORATION and ELI LILLY & COMPANY, Defendants-Appellees, and MIROWSKI FAMILY VENTURES L.L.C., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 12, 2006.

Attorney(s) appearing for the Case

Kenneth C. Bass, III, Sterne, Kessler, Goldstein & Fox , P.L.L.C, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Jon E. Wright. Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, VA, for Mirowski Family Ventures L.L.C., argued for all defendants-appellees. With him on the brief for Guidant Corporation, et al. were J. Michael Jakes, Kathleen A. Daley, and Naveen Modi, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington. Of counsel for Guidant Corporation, et al. was Kara F. Stoll.

Before MICHEL, Chief Judge, SCHALL, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Concurring-in-part and dissenting-in-part opinion filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

This is a patent case. Medtronic, Inc. ("Medtronic") is a manufacturer of medical devices. It filed a declaratory judgment action in the United States District Court for the District of Delaware against Guidant Corporation, Guidant Sales Corporation, Eli Lilly & Company ("Eli Lilly"), and Mirowski Family...

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