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CORDIS CORP. v. BOSTON SCIENTIFIC CORP.

Nos. 2008-1003, 2008-1072.

561 F.3d 1319 (2009)

CORDIS CORPORATION, Plaintiff-Appellant, v. BOSTON SCIENTIFIC CORPORATION and Scimed Life Systems, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

March 31, 2009.

Attorney(s) appearing for the Case

Gregory L. Diskant, Patterson, Belknap Webb & Tyler LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Eugene M. Gelernter, Thomas W. Pippert, Kathleen M. Crotty, Scott W. Parker and Scott B. Howard. Of counsel was Michael J. Timmons. Of counsel on the brief was Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL.

John M. Desmarais, Kirkland & Ellis LLP, of New York, NY, argued for defendants-cross appellants. With him on the brief were Peter J. Armenio, Young J. Park and Timothy K. Gilman.

Before MAYER and DYK, Circuit Judges, and HUFF, District Judge.

DYK, Circuit Judge.

Cordis Corporation ("Cordis") appeals, and Boston Scientific Corporation and Scimed Life Systems, Inc. ("Boston Scientific") cross-appeal, from a final judgment of the United States District Court for the District of Delaware. The judgment was based on two separate jury verdicts of infringement: (1) infringement by Boston Scientific of claims 1 and 23 of U.S. Patent No. 4,739,762 ("the '762 patent") and claim 2 of U.S. Patent No. 5,895,406 ("the...

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