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HOLOGIC, INC. v. SMITH & NEPHEW, INC.

2017-1389.

884 F.3d 1357 (2018)

HOLOGIC, INC., Appellant v. SMITH & NEPHEW, INC., Covidien LP, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: March 14, 2018.

Attorney(s) appearing for the Case

MATTHEW WOLF , Arnold & Porter Kaye Scholer LLP, Washington, DC, argued for appellant. Also represented by MARC A. COHN ; JENNIFER SKLENAR , Los Angeles, CA.

MICHAEL A. ALBERT , Wolf Greenfield & Sacks, PC, Boston, MA, argued for appellees. Appellee Smith & Nephew, Inc. also represented by RICHARD GIUNTA .

NAVEEN MODI , Paul Hastings LLP, Washington, DC, for appellee Covidien LP.

Before Newman, Wallach, and Stoll, Circuit Judges.

Appellant Hologic, Inc. initiated an inter partes reexamination of U.S. Patent No. 8,061,359, which is owned by Appellees Smith & Nephew, Inc. and Covidien LP (together, "S&N"). S&N's '359 patent claims priority to an earlier-filed PCT application by the same inventor with a nearly identical specification. The U...

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