HOWMEDICA OSTEONICS v. WRIGHT MEDICAL TECHNOLOGY

No. 2007-1363.

540 F.3d 1337 (2008)

HOWMEDICA OSTEONICS CORP., Plaintiff-Appellant, v. WRIGHT MEDICAL TECHNOLOGY, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 2, 2008.


Attorney(s) appearing for the Case

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for plaintiff-appellant. With him on the brief were Roy H. Wepner and Paul H. Kochanski. Of counsel on the brief was Joel M. Silverstein, Stern & Kilcullen, LLC, of Roseland, NJ.

L. Norwood Jameson, Duane Morris LLP, of Atlanta, GA, argued for defendant-appellee. With him on the brief were Matthew C. Gaudet, of Atlanta, GA, Anthony J. Fitzpatrick and Christopher S. Kroon, of Boston, MA, and Samuel W. Apicelli, of Philadelphia, PA. Of counsel was Shawn D. Sentilles, Wright Medical Technology, Inc., of Arlington, TN.

Before DYK and PROST, Circuit Judges, and HOCHBERG, District Judge.


DYK, Circuit Judge.

Plaintiff-Appellant Howmedica Osteonics Corporation ("Howmedica") appeals from a final judgment of noninfringement in this patent infringement action against defendant-appellee Wright Medical Technology, Inc. ("Wright"). Under the district court's claim construction of the term "femoral component including at least one condylar element," the parties stipulated that the accused product did not infringe the asserted patent claims. Because we conclude...

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