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SMITH & NEPHEW INCORPORATED v. ARTHREX, INCORPORATED

Nos. 2014-1691, 2014-1694.

SMITH & NEPHEW INCORPORATED, JOHN O. HAYHURST, M.D., Plaintiffs-Appellees v. ARTHREX, INCORPORATED, Defendant-Appellant

United States Court of Appeals, Federal Circuit.

Decided: March 18, 2015.

Attorney(s) appearing for the Case

JOHN MICHAEL SKENYON , Fish & Richardson, P.C., Boston, MA, argued for plaintiffs-appellees. Also represented by MARK JOSEPH HEBERT, I .

CHARLES W. SABER , Dickstein Shapiro LLP, Washington, DC, argued for defendant-appellant. Also represented by SALVATORE P. TAMBURO , MEGAN S. WOODWORTH, S. GREGORY HERRMAN .

Opinion concurring in part and dissenting in part filed by Circuit Judge DYK.

This disposition is nonprecedential.

Smith & Nephew, Inc. (S&N) sued Arthrex, Inc. for infringement of U.S. Patent No. 5,601,557 in January 2004. In 2009, we affirmed a summary judgment rejecting the invalidity challenge but required a new infringement trial because of an error in the initial claim construction...

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