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SPINE SOLUTIONS v. MEDTRONIC SOFAMOR DANEK USA

No. 2009-1538.

620 F.3d 1305 (2010)

SPINE SOLUTIONS, INC., Synthes Spine Company, L.P. and Synthes, Inc., Plaintiffs-Appellees, v. MEDTRONIC SOFAMOR DANEK USA, INC., and Medtronic Sofamor Danek, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 9, 2010.

Attorney(s) appearing for the Case

Jeffrey M. Olson, Sidley Austin LLP, of Los Angeles, CA, argued for plaintiffs-appellees. With him on the brief were Paul H. Meier, Robert A. Holland, Sean A. Commons, Samuel N. Tiu and Matthew S. Jorgenson.

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were William G. McElwain, Jamaica P. Szeliga and Jason A. Skinder; and Mark C. Fleming of Boston, MA. Of counsel on the brief were Jan M. Conlin, Munir R. Meghjee and Cyrus A. Morton, Robins, Kaplan, Miller & Ciresi LLP, of Minneapolis, MN.

Before DYK, FRIEDMAN, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Medtronic Sofamor Danek USA, Inc. and Medtronic Sofamor Danek, Inc. (collectively, Medtronic) appeal the decision of the United States District Court for the Western District of Tennessee granting summary judgment that Medtronic infringes the asserted claims of U.S. Patent No. 6,936,071 (the '071 patent). Medtronic also appeals the court's grant of summary judgment that the asserted claims are not invalid for failure to satisfy the written description...

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