United States Federal Circuit

The district court erred in its claim construction and its application of prosecution history estoppel for a patent dealing with expandable coronary stents, thus a summary judgment of defendant's literal non-infringement and a JMOL that defendant did not infringe under the doctrine of equivalents, are both reversed.

Appellate Information

• Decided 08/12/2003
• Published 08/12/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gregory L. Diskant,Patterson, Belknap, Webb & Tyler LLP, of New York, NY, argued for plaintiff-appellant Cordis Corporation.   With him on the brief were Eugene M. Gelernter, William F. Cavanaugh, Jr., and Michael J. Timmons., George E. Badenoch, Kenyon & Kenyon, of New York, NY, for amicus curiae Boston Scientific Corporation, Scimed Life Systems, Inc, and Medinol Ltd. With him on the brief was Charles R. Brainard.


• For Appellees:
  
• Raphael V. Lupo, McDermott Will & Emery, of Washington, DC, argued for defendant-cross appellant Medtronic AVE, Inc., and counterclaim defendant-appellee Arterial Vascular Engineering, Inc.   With him on the brief were Donna M. Tanguay, Mark G. Davis, and Natalia V. Blinkova.   Of counsel on the brief were D. Michael Underhill, Richard S. Meyer, Eric J. Maurer, and Gerald P. Konkel, Morgan Lewis & Bockius LLP, of Washington, DC.