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WYETH AND CORDIS CORP. v. ABBOTT LABORATORIES

Nos. 2012-1223, 2012-1224.

720 F.3d 1380 (2013)

WYETH AND CORDIS CORPORATION, Plaintiffs/Counterclaim Defendants-Appellants, v. ABBOTT LABORATORIES, Abbott Cardiovascular Systems, Inc., and Abbott Laboratories, Inc., Defendants Counterclaimants-Appellees, and Medtronic Inc., Medtronic Vascular, Inc., and Medtronic USA, Inc., Defendants/Counterclaimants-Appellees, and Boston Scientific Corporation and Boston Scientific Scimed, Inc., Defendants/Counterclaimants-Appellees.

United States Court of Appeals, Federal Circuit.

June 26, 2013.

Attorney(s) appearing for the Case

David T. Pritikin , Sidley Austin, LLP, of Chicago, IL, argued for plaintiffs/counterclaim defendants-appellants. With him on the brief were Constantine L. Trela, Jr. , William H. Baumagartner, Jr. , and Russell E. Cass. Of counsel on the brief was Bryan C. Mulder .

Edward A. Mas, II , McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for Defendants/Counterclaimants-Appellees Abbott Laboratories, et al. With him on the brief were Sandra A. Frantzen , Stephanie F. Samz and Kathleen A. Dorton. Of counsel on the brief was Samuel F. Baxter , McKool Smith, P.C., of Dallas, TX.

Matthew M. Wolf , Arnold & Porter, LLP, of Washington, DC, argued for defendants/counterclaimants-appellees Boston Scientific Corporation, et al. With him on the brief were Edward Han and John E. Nilsson .

Before MOORE, BRYSON, and WALLACH, Circuit Judges.

MOORE, Circuit Judge.

Wyeth and Cordis Corporation (Wyeth) appeal from the U.S. District Court for the District of New Jersey's grant of summary judgment that claims 1 and 2 of U.S. Patent No. 5,516,781 ('781 patent) and claim 1 of U.S. Patent No. 5,563,146 ('146 patent) are invalid for nonenablement.1 Wyeth v. Abbott Labs., Nos. 3:08-cv-0230 and -1021, 2012 WL 175023 (D.N.J. Jan. 19, 2012). Because we hold that there is no genuine...

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