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PHARMA TECH SOLUTIONS, INC. v. LIFESCAN, INC.

2019-1163.

942 F.3d 1372 (2019)

PHARMA TECH SOLUTIONS, INC., Decision IT Corp., Plaintiffs-Appellants v. LIFESCAN, INC., LifeScan Scotland, Ltd., Johnson and Johnson, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 22, 2019.

Attorney(s) appearing for the Case

John J. Shaeffer , Fox Rothschild LLP, Los Angeles, CA, argued for plaintiffs-appellants. Also represented by Jeffrey H. Grant ; William A. Rudy , Denver, CO.

Eugene M. Gelernter , Patterson Belknap Webb & Tyler LLP, New York, NY, argued for defendants-appellees. Also represented by Gregory Diskant ; Charles Davison Hoffmann , Sean Reeves Marshall , Hoffmann Marshall Strong LLP, New York, NY.

Before Moore, Reyna, and Stoll, Circuit Judges.

This is an appeal from the district court's summary judgment of noninfringement under the doctrine of equivalents. Because prosecution history estoppel bars the claims for infringement under the doctrine of equivalents, we affirm.

BACKGROUND

I

Pharma Tech Solutions, Inc. sued LifeScan, Inc. for infringement...

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