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JANG v. BOSTON SCIENTIFIC CORP.

No. 2007-1385.

532 F.3d 1330 (2008)

G. David JANG, M.D., Plaintiff-Appellant, v. BOSTON SCIENTIFIC CORPORATION and Scimed Life Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Thomas C. Mundell, Mundell, Odlum & Haws, LLP of Westlake Village, CA, argued for Plaintiff-Appellant.

Matthew M. Wolf, Howrey LLP, of Washington, DC, argued for Defendants-Appellees.

Before GAJARSA, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

In this contract case, plaintiff G. David Jang, M.D., alleges that defendants, Boston Scientific Corporation ("Boston Scientific") and Scimed Life Systems Incorporated ("Scimed") breached a contract with Jang by failing to make required payments. The right to these payments depends on whether the sale of certain devices by Boston Scientific and Scimed were "covered by" (i.e., would have infringed) U.S. Patents No. 5,922,021 and 5,954,743 ("the...

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