Legal Opinion

Advanced Cardiovascular Systems, Inc., Plaintiff/cross-Complaint v. Scimed Life Systems, Inc., and Robert L. Hess, Cross-Complainant/appellant

Court of Appeals for the Federal Circuit

Decided May 13, 1993No. 92-1157PublishedCited by 236 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

Robert L. Hess appeals the judgment of the United States District Court for the District of Minnesota, 1 entered upon motion made under Rule 12(b)(6) of the Federal Rules of Civil Procedure, dismissing his cross-complaint with prejudice, on the ground of laches. We vacate the dismissal.

BACKGROUND

The underlying litigation between Advanced Cardiovascular Systems (“ACS”) and SciMed Life Systems (“SciMed”), relating to a patented balloon dilation catheter for use in the treatment of cardiovascular disease, began on March 27, 1987. ACS sued SciMed for infringement of…

2Cases cited20 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Neitzke v. WilliamsSupreme Court of the United States · 1989
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Hishon v. King & SpaldingSupreme Court of the United States · 1984

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3Cited by236 opinions

  1. Bradley v. Chiron Corp.Court of Appeals for the Federal Circuit · 1998
  2. Sommers Oil Company v. United StatesCourt of Appeals for the Federal Circuit · 2001
  3. Rotec Industries, Inc. v. Mitsubishi Corporation, Tucker Associates, Inc. And Garry Tucker, and Mitsubishi International CorporationCourt of Appeals for the Federal Circuit · 2000
  4. Gasser Chair Company, Inc., and George Gasser v. Infanti Chair Manufacturing Corp., and Vittorio InfantiCourt of Appeals for the Federal Circuit · 1995
  5. PlanetSpace Inc. v. United StatesUnited States Court of Federal Claims · 2010

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