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BECTON, DICKINSON AND CO. v. TYCO HEALTHCARE GROUP

Nos. 2009-1053, 2009-1111.

616 F.3d 1249 (2010)

BECTON, DICKINSON AND COMPANY, Plaintiff-Cross Appellant, v. TYCO HEALTHCARE GROUP, LP, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied October 4, 2010.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for plaintiff-cross appellant. With him on the brief were William G. McElwain , Amy K. Wigmore , Todd C. Zubler and Arthur W. Coviello , of Washington, DC.

Frank P. Porcelli , Fish & Richardson P.C., of Boston, MA, argued for defendant-appellant. With him on the brief were John M. Skenyon , and Juanita R. Brooks , of San Diego, CA.

Opinion for the court filed by Circuit Judge MAYER. Dissenting opinion filed by Circuit Judge GAJARSA.

MAYER, Circuit Judge.

Tyco Healthcare Group, LP ("Tyco") appeals a judgment of the United States District Court for the District of Delaware entered after a jury determined that Tyco's Monoject Magellan™ safety needles and blood collection devices literally infringed claims 1-4, 6, 12, 13, 15, 24 and 27 of U.S. Patent No. 5,348,544 (the "'544 patent"). Because we conclude that the district court incorrectly construed the "spring means" limitation of the asserted...

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