Howmedica Osteonics Corp. v. Zimmer, Inc.

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

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HOWMEDICA OSTEONICS CORP.,

Plaintiff-Appellant, v.

ZIMMER, INC. and CENTERPULSE

ORTHOPEDICS, INC. (formerly known as Sulzer Orthopedics, Inc.),

Defendants-Appellees, and SMITH & NEPHEW, INC., Defendant-Appellee. ____________________ 2010-1162 ______________________

Appeal from the United States District Court for the District of New Jersey in No. 05-CV-0897, Senior Judge William H. Walls.

______________________ JUDGMENT ______________________

GREGORY J. VOGLER, McAndrews, Held & Malloy,

Ltd., of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were TIMOTHY J. MALLOY, PATRICIA J. MCGRATH and CHRISTOPHER M. SCHARFF.

DAVID K. CALLAHAN, Kirkland & Ellis LLP, of Chicago, Illinois, argued for all defendants-appellees. With him on the brief for Zimmer, Inc., et al. was BRYAN S. HALE. Of counsel was BRYCE A. MAUTNER. Also on the brief for Smith & Nephew, Inc., were GREGORY N. STILLMAN, Hunton & Williams LLP, of Norfolk, Virginia; RODGER L. TATE and BRADLEY T. LENNIE, of Washington, DC.

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THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (BRYSON, DYK, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT October 13, 2010 /s/ Jan Horbaly

Date Jan Horbaly

Clerk