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MEDICAL INSTRUMENTATION AND DIAGNOSTICS v. ELEKTA

No. 03-1032.

344 F.3d 1205 (2003)

MEDICAL INSTRUMENTATION AND DIAGNOSTICS CORPORATION, Plaintiff-Appellee, v. ELEKTA AB, Elekta Instrument AB, Elekta Instruments, Inc., and Elekta Oncology Systems, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 30, 2003.

Attorney(s) appearing for the Case

Paul Adams, Peacock, Myers & Adams, P.C., of Albuquerque, New Mexico, argued for plaintiff-appellee. With him on the brief was Rod D. Baker and Stephen A. Slusher. Of counsel was Andrea L. Mays.

Theresa M. Gillis, Jones, Day, Reavis & Pogue, of New York, New York, argued for defendants-appellants. Of counsel on the brief were John F. Sweeney and Harry C. Marcus, Morgan & Finnegan LLP, of New York, New York.

Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 30, 2003.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

CLEVENGER, Circuit Judge.

Elekta AB, Elekta Instrument AB, Elekta Instruments, Inc., and Elekta Oncology Systems, Inc. (collectively "Elekta") appeal the judgment of the United States District Court for the Southern District of California, which denied Elekta's motion for judgment...

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