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ERBE ELEKTROMEDIZIN GMBH v. INTERNATIONAL TRADE COMMISSION

No. 2008-1358.

566 F.3d 1028 (2009)

ERBE ELEKTROMEDIZIN GMBH and Erbe USA, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Canady Technology, LLC and Canady Technology Germany GMBH, Intervenors.

United States Court of Appeals, Federal Circuit.

May 19, 2009.

Attorney(s) appearing for the Case

Philip G. Hampton, II, Dickstein Shapiro LLP, of Washington, DC, argued for appellants. With him on the brief was Steven M. War.

Jonathan J. Engler, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were James M. Lyons, General Counsel, and Andrea C. Casson, Assistant General Counsel.

Timothy R. DeWitt, 24IP Law Group USA, PLLC, of Annapolis, Maryland, argued for intervenor.

Before MICHEL, Chief Judge, RADER and DYK, Circuit Judges.

DYK, Circuit Judge.

ERBE Elektromedizin GmbH and ERBE USA, Inc. (collectively "ERBE") commenced proceedings before the International Trade Commission ("ITC") under section 337 of the Tariff Act of 1930 alleging that Canady Technology, LLC and Canady Technology Germany GmbH (collectively "Canady") engaged in contributory and induced infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, and 41 of U.S. Patent No. 5,720,745...

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