PSN ILLINOIS, LLC v. IVOCLAR VIVADENT, INC.

No. 2007-1512.

525 F.3d 1159 (2008)

PSN ILLINOIS, LLC, Plaintiff-Appellant, v. IVOCLAR VIVADENT, INC., Micro Dental Labs, and National Dentex Corporation, Defendants-Appellees, and Dentsply International, Inc., Defendant-Appellee, and Den-Mat Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 6, 2008.


Attorney(s) appearing for the Case

Michael P. Mazza, Michael P. Mazza, LLC, of Glen Ellyn, IL, argued for plaintiff-appellant. With him on the brief was Dana L. Drexler. Of counsel on the brief were Shawn M. Collins and Robert L. Dawidiuk, The Collins Law Firm, of Naperville, IL.

Steven M. Bauer, Proskauer Rose LLP, of Boston, MA, argued for all defendants-appellees. With him on the brief for Ivoclar Vivadent, Inc., et al., were Jeremy P. Oczek; Robin K. Powers, Rothschild, Barry & Myers LLP, of Chicago, IL, for Ivoclar Vivadent, Inc. and Micro Dental Labs; Gary William Smith, of Posternak Blankstein & Lund LLP, of Boston, MA, for National Dentex Corporation; and Timur E. Slonim, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., of New York, NY, for Micro Dental Labs. On the brief for Dentsply International, Inc., were Harvey Freedenberg and Shawn K. Leppo, McNees Wallace & Nurick LLC, of Harrisburg, PA; and Dean A. Monco, Wood Phillips, of Chicago, IL. On the brief for Den-Mat Corporation were Mark M. Supko and Michael I. Coe, Crowell & Moring LLP, of Washington, DC.

Before MICHEL, Chief Judge, LINN and PROST, Circuit Judges.


MICHEL, Chief Judge.

PSN Illinois, LLC ("PSN") appeals from the district court's summary judgment of non-infringement which resulted in a stipulated judgment and dismissal. Stipulated Judgment and Dismissal, PSN Illinois, LLC v. Ivoclar Vivadent, Inc., No. 04-CV-7232 (N.D.Ill. July 6, 2007). We heard oral argument on March 3, 2008. Although we conclude that the district court construed the claim term "ready for mounting...

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