MEDISIM LTD. v. BESTMED, LLC

No. 2013-1451.

758 F.3d 1352 (2014)

MEDISIM LTD., Plaintiff-Appellant, v. BESTMED, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 14, 2014.


Attorney(s) appearing for the Case

Scott S. Christie , McCarter & English, LLP, of Newark, NJ, argued for plaintiff-appellant. With him on the brief were Keith J. McWha , Mark H. Anania , Matthew A. Sklar , and Elina Slavin. Of counsel was Gerald Levy, of New York, N.Y.

Dan L. Bagatell , Perkins Coie, LLP, of Phoenix, AZ, argued for defendant-appellee. With him on the brief were Matthew B. Du Mee ; and David R. Pekarek Krohn , of Madison, WI.

Before PROST, Chief Judge, TARANTO and CHEN, Circuit Judges.


PROST, Chief Judge.

Plaintiff-Appellant Medisim Ltd. ("Medisim") appeals the grant of judgment as a matter of law ("JMOL") by the United States District Court for the District of New York that U.S. Patent No. 7,597,668 ("'668 patent") is anticipated by Medisim's own prior art FHT-1 thermometer. See Medisim Ltd. v. BestMed LLC, 959 F.Supp.2d 396, 425 (S.D.N.Y.2013). It also appeals the district court's grant of JMOL...

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