MARCTEC, LLC v. JOHNSON & JOHNSON

No. 2010-1285.

664 F.3d 907 (2012)

MARCTEC, LLC, Plaintiff-Appellant, v. JOHNSON & JOHNSON and Cordis Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 3, 2012.


Attorney(s) appearing for the Case

William L. Mentlik , Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for plaintiff-appellant. With him on the brief was Roy H. Wepner . Of counsel were Robert G. Krupka and Christopher R. Liro , Kirkland & Ellis LLP, of Chicago, IL.

Gregory L. Diskant , Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for defendants-appellees. With him on the brief were Eugene M. Gelernter , Irena Royzman , and Charles D. Hoffmann .

Before NEWMAN, PROST, and O'MALLEY, Circuit Judges.


O'MALLEY, Circuit Judge.

In this patent case, MarcTec, LLC ("MarcTec") filed suit in the Southern District of Illinois against Cordis Corporation and Johnson & Johnson (collectively, "Cordis")1 alleging infringement of U.S. Patent Nos. 7,128,753 ("the '753 Patent") and 7,217,290 ("the '290 Patent") (collectively, "the patents-in-suit"). After claim construction, the district court granted Cordis's motion for summary judgment of noninfringement...

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