United States Federal Circuit

Claim construction on a patent related to a surgical fastener were correct, but judgment of noninfringement was improper where a test was not rendered invalid as an alteration of a device, or the context in which the rigidity was to be judged.

Appellate Information

• Decided 08/15/2002
• Published 08/15/2002

Judges

• BRYSON, Circuit Judge., Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul M. Richter, Jr.,Kenyon & Kenyon, of New York, NY, argued for plaintiffs-appellants.   On the brief was Richard L. DeLucia, of New York, NY. Of counsel were Michael D. Loughnane, Jeffrey M. Butler, and Richard L. Mayer of New York, NY;  and C. Kyle Musgrove and John R. Hutchins of Washington, DC.


• For Appellees:
  
• John J. Normile, Pennie & Edmonds LLP, of New York, NY, argued for defendant-appellee.   With him on the brief were Bruce J. Barker, John D. Garretson, and Claudia DP Zumbro.