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SPECTRALYTICS, INC. v. CORDIS CORP.

Nos. 2009-1564, 2010-1004.

649 F.3d 1336 (2011)

SPECTRALYTICS, INC., Plaintiff-Appellant, v. CORDIS CORPORATION, Defendant-Cross Appellant, and Norman Noble, Inc., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied August 12, 2011.

Attorney(s) appearing for the Case

J. Derek Vandenburgh , Carlson Caspers Vandenburgh & Lindquist, P.A., of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief were Alan G. Carlson , Matthew J. Goggin and Dennis C. Bremer .

Gregory L. Diskant , Patterson, Belknap Webb & Tyler LLP, of New York, NY, argued for defendants-cross appellants. With him on the brief were Eugene M. Gelernter and Robert W. Lehrburger . Of counsel on the brief was James B. Niehaus , Frantz Ward LLP, of Cleveland, OH, for defendant-cross appellant Norman Noble Inc.

Before NEWMAN, CLEVENGER and BRYSON Circuit Judges.

NEWMAN, Circuit Judge.

In this suit for infringement of United States Patent No. 5,852,277 ("the '277 patent"), brought by Spectralytics, Inc., trial was held in the United States District Court for the District of Minnesota. The jury sustained the validity of the patent, found that the defendants Cordis Corporation and Norman Noble, Inc. willfully infringed the patent, and awarded damages calculated as a 5-percent royalty on Norman Noble's infringing sales to Cordis...

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