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ALFRED E. MANN FOUND. v. COCHLEAR CORP.

2015-1580, 2015-1606, 2015-1607.

841 F.3d 1334 (2016)

ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH, Advanced Bionics, LLC, Plaintiffs-Cross-Appellants v. COCHLEAR CORPORATION, NKA Cochlear Americas, Cochlear Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: November 17, 2016.

Attorney(s) appearing for the Case

THOMAS M. PETERSON , Morgan, Lewis & Bockius LLP, San Francisco, CA, argued for plaintiff-cross-appellant Alfred E. Mann Foundation for Scientific Research. Also represented by MICHAEL JOHN LYONS , EHSUN FORGHANY , JASON EVAN GETTLEMAN , COREY RAY HOUMAND , JACOB JOSEPH ORION MINNE , LINDSEY M. SHINN , Palo Alto, CA; ESTHER K. RO , DANIEL GRUNFELD , Los Angeles, CA.

DONALD MANWELL FALK , Mayer Brown, LLP, Palo Alto, CA, for plaintiff-cross-appellant Advanced Bionics, LLC. Also represented by PAUL WHITFIELD HUGHES , Washington, DC.

J. MICHAEL JAKES , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for defendants-appellants. Also represented by DAVID MROZ ; BRUCE G. CHAPMAN , Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, CA.

Opinion concurring in part, dissenting in part filed by Circuit Judge Newman.

The Alfred E. Mann Foundation for Scientific Research sued Cochlear Corporation and Cochlear Ltd. for infringing claims 1 and 10 of U.S. Patent No. 5,609,616 and claims 6-7 of U.S. Patent No. 5,938,691, which cover implantable cochlear stimulators. After conducting a jury trial and a bench trial on separate issues, the district...

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