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ERBE ELEKTROMEDIZIN GMBH v. CANADY TECHNOLOGY LLC

Nos. 2008-1425, 2008-1426.

629 F.3d 1278 (2010)

ERBE ELEKTROMEDIZIN GMBH and ERBE USA, Inc., Plaintiffs-Appellants, and ConMed Corporation, Plaintiff-Appellee, v. CANADY TECHNOLOGY LLC, and Dr. Jerome Canady, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

December 9, 2010.

Attorney(s) appearing for the Case

Philip G. Hampton, II , Dickstein Shapiro, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Laurence E. Fisher . Of counsel was Steven M. War.

John G. Powers , Hancock & Estabrook, LLP, of Syracuse, NY, argued for plaintiff-appellee. With him on the brief was Ashley D. Hayes . Of counsel was Eric C. Nordby.

Timothy R. Dewitt , 24IP Law Group USA, PLLC, of Annapolis, MA, argued for defendants-cross appellants.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Appellants ERBE Elektromedizin GmbH and ERBE USA, Inc. (collectively, "ERBE") appeal from a final decision of the United States District Court for the Western District of Pennsylvania. Following the parties' various motions for summary judgment, the district court granted summary judgment of non-infringement of U.S. Patent No. 5,720,745 ("'745 patent") in favor of Cross-Appellants Dr. Jerome Canady and Canady Technology LLC (collectively, "Canady...

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