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BIOSIG INSTRUMENTS, INC. v. NAUTILUS, INC.

No. 2012-1289.

715 F.3d 891 (2013)

BIOSIG INSTRUMENTS, INC., Plaintiff-Appellant, v. NAUTILUS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 26, 2013.

Attorney(s) appearing for the Case

Michael J. Bonella , Kessler Topaz Meltzer & Check LLP, of Radnor, PA, argued for plaintiff-appellant. With him on the brief was Paul B. Milcetic. Of counsel were Todd Kupstas and Jenna Pellecchia .

James E. Geringer , Klarquist Sparkman, LLP, of Portland, OR, argued for defendant-appellee. With him on the brief were John D. Vandenberg and Philip Warrick .

Opinion for the court filed by Circuit Judge WALLACH. Concurring opinion filed by Circuit Judge SCHALL.

WALLACH, Circuit Judge.

Biosig Instruments, Inc. ("Biosig") is the assignee of U.S. Patent No. 5,337,753 ("the '753 patent"), which is directed to a heart rate monitor associated with an exercise apparatus and/or exercise procedures. Biosig brought a patent infringement action against Nautilus, Inc. ("Nautilus") in district court alleging that Nautilus infringed claims 1 and 11 of the '753 patent. After claim construction, Nautilus filed a motion for summary judgment...

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