KINETIC CONCEPTS, INC., KCI Licensing, Inc., KCI USA, Inc., and Wake Forest University Health Sciences, Plaintiffs-Cross Appellants,
v.
BLUE SKY MEDICAL GROUP, INC., Defendant-Appellant, and
Richard S. Weston, Defendant-Appellant, and
Medela AG And Medela, Inc., Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 2, 2009.
February 2, 2009.
Attorney(s) appearing for the Case
Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief were Don O. Burley, and Erik R. Puknys and Tina E. Hulse, of Palo Alto, California. Of counsel on the brief were R. Laurence Macon, Melanie G. Cowart, Karen Kroesche Gulde, and Kirt S. O'Neill, Akin Gump Strauss Hauer & Feld LLP, of San Antonio, Texas. Of counsel was Michael J. McCabe, II, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, Georgia.
Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for defendant-appellant Blue Sky Medical Group, Inc. With him on the brief were Brenton R. Babcock and Christy G. Lea.
Eleanor M. Musick, Procopio, Cory, Hargreaves & Savitch LLP, of San Diego, CA, for defendant-appellant Richard S. Weston. With her was Lisel M. Ferguson.
Scott F. Partridge, Baker Botts L.L.P., of Houston, TX, argued for defendants-appellants Medela AG and Medela, Inc. With him on the brief were Mitchell D. Lukin, Elizabeth Durham, Kevin M. Sadler, William Beard, Amanda Woodall, and Lisa C. Kelly. Of counsel was Michael A. Hawes.
Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge DYK.
United States Court of Appeals, Federal Circuit.
PROST, Circuit Judge.
Defendants Medela, Inc. and Blue Sky Medical Group, Inc. appeal the denial of their motion for judgment as a matter of law on obviousness and their alternative motion for a new trial on obviousness. They also appeal the district court's claim construction and failure to declare several claim terms indefinite. Plaintiff Kinetic Concepts, Inc. cross-appeals the denial of its motion for judgment as a matter...
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