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United States Court of Appeals for the Federal Circuit
June 21, 2002, Decided
[***1375] [*1318] LINN, Circuit Judge.
Ficosa North America Corporation, Fico Cables, S.A., and Ficosa North America S.A. de C.V. ("Ficosa") appeal the final judgment of the U.S. District Court for the Eastern District of Michigan entered in favor of Teleflex, Inc. ("Teleflex"). The district court entered judgment following a jury verdict that Ficosa infringed Teleflex's U.S. Patent No. 5,632,182 ("the '182 patent"), and that Teleflex's [**2] U.S. Patent No. 4,581,953 ("the '953 patent") and the '182 patent were not invalid. Ficosa appeals the denial of its motion for judgment as a matter of law ("JMOL") of non-infringement of claim 1 of the '182 patent, the grant of summary judgment of no best mode violation in the '182 patent, the denial of its JMOL motion of invalidity of the '182 patent, and the denial of its JMOL motion of invalidity of the '953 patent. Because the district court correctly granted summary judgment of no best mode violation and substantial evidence supports the jury verdict of infringement and validity, we affirm the district court's decision on appeal. [***1376]
Teleflex is the assignee of the '182 patent and the '953 patent. The '182 patent is directed to a "Serviceable Clip Core Coupling," which is a component of a two-piece shift cable installed by General Motors ("GM") in certain sport utility vehicles. The two-piece shift cable connects the shift knob with the automatic transmission of the sport utility vehicle so that when a driver moves the shift knob, e.g., from "Park" to "Drive," the transmission is engaged. The two-piece cable allows GM to wait until an advanced stage of the manufacturing [**3] process before putting the two pieces together and permits the cable to be taken apart later for servicing.
Claim 1 of the '182 patent recites:
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299 F.3d 1313 *; 2002 U.S. App. LEXIS 12361 **; 63 U.S.P.Q.2D (BNA) 1374 ***
TELEFLEX, INC., Plaintiff-Appellee, v. FICOSA NORTH AMERICA CORP., FICO CABLES, S.A., and FICOSA NORTH AMERICA S.A. DE C.V., Defendants-Appellants.
Subsequent History: [**1] As Corrected. Rehearing and Rehearing En Banc Denied August 30, 2002, Reported at: 2002 U.S. App. LEXIS 19256.
Prior History: Appealed from: U.S. District Court for the Eastern District of Michigan. Judge John Corbett O'Meara.
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