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As amended August 14, 2001

Appealed from: United States District Court for the Southern District of Indiana Judge David F. Hamilton

Advanced Cardiovascular Systems, Inc. and Guidant Sales Corp. (collectively, “ACS”) appeal the decision of the United States District Court for the Southern District of Indiana granting summary judgment in favor of Scimed Life Systems, Inc. and Boston Scientific Corporation (collectively, “Scimed”) in ACS’s suit against Scimed for patent infringement. Adv. Cardiovascular Sys., Inc. v. Scimed Life Sys., Inc., No. 98-1108 (S.D. Ind. June 28, 2000) (“Adv. Cardiovascular IV”). The district court ruled that Scimed was entitled to summary judgment that it did not infringe the asserted claims of United States Patent Nos. 5,421,955 (the ” ’955 patent”), 5,514,154 (the ” ’154 patent”), 5,603,721 (the ” ’721 patent”), 5,728,158 (the ” ’158 patent”), and 5,735,893 (the ” ’893 patent”). Id. The patents at issue relate to a flexible coronary stent that is adapted to be placed in a patient’s blood vessel, expand, and then stay expanded, thereby keeping the involved segment of the vessel open. The asserted claims are directed to the stent, methods for using the stent, and a process for making the stent.

 
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