United States Federal Circuit

In actions alleging defendants had infringed plaintiff's patents covering vascular stents that are used to treat coronary artery disease, judgments against defendants are affirmed over their claims that they were entitled to judgment as a matter of law and/or a new trial. On cross-appeal, a ruling invalidating a claim that the jury found to have been infringed by one defendant is reversed where, in holding the claim invalid, the district court incorrectly interpreted 35 U.S.C. section 305.

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and, KEELEY, Chief District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Gregory L. Diskant, Patterson, Belknap, Webb & Tyler LLP, of New York, NY, argued for plaintiff-cross appellant/defendant-appellees/defendants-cross appellant Cordis Corporation, et al.   With him on the brief were Eugene M. Gelernter, William F. Cavanaugh, Jr., Michael J. Timmons, Scott B. Howard, and Kathleen M. Crotty., David M. Underhill, Boies, Schiller & Flexner LLP, of Washington, DC, argued for defendant-appellant/plaintiff-appellant Medtronic Ave, Inc. On the brief were William P. Atkins, George M. Sirilla, and Scott J. Pivnick, Pillsbury Winthrop Shaw Pittman LLP, of McLean, VA., John M. Desmarais, Kirkland & Ellis LLP, of New York, NY, argued for defendants-appellants/plaintiffs-appellants Boston Scientific Corporation, et al.   On the brief were George E. Badenoch, Walter E. Hanley, Jr., Charles R. Brainard, Albert J. Breneisen, Mark A. Chapman, and Huiya Wu, Kenyon & Kenyon LLP, of New York, NY.