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DEPUY SPINE, INC. v. MEDTRONIC SOFAMOR DANEK, INC.

Nos. 2008-1240, 2008-1253, 2008-1401.

567 F.3d 1314 (2009)

DEPUY SPINE, INC. (formerly known as Depuy Acromed, Inc.), Plaintiff-Cross Appellant, and Biedermann Motech GmbH, Plaintiff-Cross Appellant, v. MEDTRONIC SOFAMOR DANEK, INC. (formerly known as Sofamor Danek Group, Inc.) and Medtronic Sofamor Danek USA, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided June 1, 2009.

Attorney(s) appearing for the Case

Calvin P. Griffith, Jones Day, of Cleveland, OH, argued for all plaintiffs-cross appellants. With him on the brief for Depuy Spine, Inc. (formerly know as Depuy Acromed, Inc.), were Patrick J. Norton; and Gregory A. Castanias, of Washington, DC. On the brief for Biedermann Motech GmbH were Luke L. Dauchot and Greer N. Shaw, Kirkland & Ellis LLP, of Los Angeles, CA.

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were William G. McElwain; and Mark C. Fleming, Richard W. O'Neill, Timothy R. Shannon, Lauren B. Fletcher, and Sydenham B. Alexander, III, of Boston, MA. Of counsel on the brief were Dirk D. Thomas, André J. Bahou, and John K. Warren, Dewey & LeBoeuf LLP, of Washington, DC.

Before NEWMAN, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. (collectively "Medtronic") appeal from a final judgment of the United States District Court for the District of Massachusetts. DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., No. 01-CV-10165 (D.Mass. Dec.11, 2007). The district court denied Medtronic's ensnarement defense after a jury found that Medtronic had infringed U.S. Patent No. 5,207,678 ("the '678 patent") under...

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