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MBO LABORATORIES, INC. v. BECTON, DICKINSON & CO.

No. 2006-1062.

474 F.3d 1323 (2007)

MBO LABORATORIES, INC., Plaintiff-Appellant, v. BECTON, DICKINSON & COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 24, 2007.

Attorney(s) appearing for the Case

John M. Skenyon, Fish & Richardson P.C., of Boston, MA, argued for plantiff-appellant.

Richard J. Oparil, Patton Boggs LLP, of Washington, DC, argued for defendant-appellee. With him on the brief were Marc R. Labgold and Kevin M. Bell, of McLean, Virginia.

Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

This appeal arises under the patent laws. Plaintiff MBO Laboratories, Inc. ("MBO") appeals a summary judgment of noninfringement of U.S. Patent No. RE 36,885 ("the RE '885 patent") granted by the United States District Court for the District of Massachusetts. After conducting a Markman hearing, the district court construed the various disputed claim terms. MBO Labs. v. Becton, Dickinson...

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