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CROSS MEDICAL PRODUCTS v. MEDTRONIC SOFAMOR DANEK

No. 05-1415.

480 F.3d 1335 (2007)

CROSS MEDICAL PRODUCTS, INC., Plaintiff-Appellee, v. MEDTRONIC SOFAMOR DANEK, INC. and Medtronic Sofamor Danek USA, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 20, 2007.

Attorney(s) appearing for the Case

Mark A. Finkelstein, Latham & Watkins, LLP, of Costa Mesa, CA, argued for plaintiff-appellee. With him on the brief were Bruce D. Kuyper and Jordan B. Kushner, of Los Angeles, CA.

Dirk D. Thomas, Robins, Kaplan, Miller & Ciresi L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief were Robert A. Auchter, André J. Bahou, Jan M. Conlin and Munir R. Meghjee.

Before RADER, SCHALL, and PROST, Circuit Judges.

Opinion of the court filed PER CURIAM. Concurring opinion filed by RADER, Circuit Judge.

PER CURIAM.

This case is the second appeal to this court in a patent litigation between Cross Medical Products, Inc. (Cross Medical) and Medtronic Sofamor Danek, Inc. (Medtronic). Cross Medical accuses Medtronic's polyaxial screws of infringing U.S. Patent No. 5,474,555 (the '555 patent). In the prior appeal, this court set aside a permanent injunction issued by the United...

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