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EXERGEN CORP. v. WAL-MART STORES, INC.

Nos. 2006-1491, 2007-1180.

575 F.3d 1312 (2009)

EXERGEN CORPORATION, Plaintiff-Cross Appellant, v. WAL-MART STORES, INC. Hana Microelectronics Co., Ltd., and CVS Corporation, Defendants, and S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 4, 2009.

Attorney(s) appearing for the Case

Heidi E. Harvey, Fish & Richardson P.C., of Boston, MA, argued for plaintiff-cross appellant. With her on the brief were Gregory A. Madera and Thomas A. Brown.

Peter M. Midgley, Jr., Zarian Midgley & Johnson PLLC, of Boise, ID, argued for defendants-appellants. With him on the brief was Dana M. Herberholz.

Before MICHEL, Chief Judge, LINN, Circuit Judge, and ST. EVE, District Judge.

LINN, Circuit Judge.

S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc. (collectively "SAAT") appeal the denial of their motion for judgment as a matter of law ("JMOL") after a jury found that SAAT willfully infringed U.S. Patents No. 5,012,813 ("the '813 patent"), No. 6,047,205 ("the '205 patent"), and No. 6,292,685 ("the '685 patent") and awarded lost profit damages to the patentee, Exergen Corporation ("Exergen"). Exergen Corp...

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