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BARAN v. MEDICAL DEVICE TECHNOLOGIES, INC.

No. 2010-1058.

616 F.3d 1309 (2010)

Gregory W. BARAN, M.D., Plaintiff-Appellant, v. MEDICAL DEVICE TECHNOLOGIES, INC., Defendant-Appellee, and AMT Sverige, AB (Formerly Known As Amedic) and Ascendia AB, Defendants, and Gedon AB and Anders H. Weilandt, Defendants.

United States Court of Appeals, Federal Circuit.

Rehearing En Banc Denied October 5, 2010.

Attorney(s) appearing for the Case

Steven M. Auvil , Benesch, Friedlander, Coplan & Aronoff, LLP, of Cleveland, OH, argued for plaintiff-appellant. With him on the brief was Bryan J. Jaketic.

Monica L. Thompson , DLA Piper LLP (US), of Chicago, IL, argued for defendant-appellee. With her on the brief was Steven J. Reynolds.

Before BRYSON, GAJARSA, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Dr. Gregory W. Baran filed suit against the defendants (collectively, "MDTech"), alleging infringement of U.S. Patent Nos. 5,025,797 and 5,400,798. The '798 patent is a continuation-in-part of the '797 patent, and both patents are directed to automated biopsy instruments. For the reasons stated below, we affirm the district court's entry of judgment in favor of MDTech as to both patents.

I

In the automated biopsy instruments...

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