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United States Federal Circuit


INVERNESS MEDICAL SWITZERLAND GMBH v. WARNER LAMBERT CO., 01-1147, -1177

In construing the claims of the patents-in-suit, analytical testing devices, the claim recitations "on" and "onto" encompass both surface and internal positioning, and the claim recitation "mobility...is facilitated" means the capacity to make movement easier at any stage. Thus, summary judgment of noninfringement by defendant vacated.

Appellate Information

  • Decided 10/31/2002
  • Published 11/01/2002

Judges

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

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • J. Anthony Downs,Goodwin Procter, LLP, of Boston, Massachusetts, argued for plaintiffs-appellants.   Of counsel were Ronald H. Schwillinski and Paul F. Ware, Jr. Also of counsel was Keith A. Zullow, Goodwin Procter LLP, of New York, New York;  and Edwin F. Chociey, Jr., Riker, Danzig, Scherer, Hyland & Perretti LLP, of Morristown, New Jersey.

  • For Appellees:
  • Charles P. Kennedy, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellee.   With him on the brief was Jonathan A. David.
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