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
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…
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