TP LABORATORIES v. PROFESSIONAL POSITIONERS, INC.

Appeal Nos. 83-660, 83-680.

724 F.2d 965 (1984)

TP LABORATORIES, INC., an Indiana Corporation, Appellant/Cross Appellee, v. PROFESSIONAL POSITIONERS, INC., a Wisconsin corporation, Professional Positioners, Inc., a Delaware corporation, Gerald W. Huge and Richard W. Allessee, Appellees/Cross Appellants.

United States Court of Appeals, Federal Circuit.

January 4, 1984.


Attorney(s) appearing for the Case

Lloyd L. Zickert, Chicago, Ill., argued for appellant/cross appellee. With him on the brief was Glenn W. Ohlson, Chicago, Ill.

Allan B. Wheeler, Milwaukee, Wis., argued for appellees/cross appellants.

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and NIES, Circuit Judge.


NIES, Circuit Judge.

These appeals are from the October 27, 1982 judgment of the United States District Court for the Eastern District of Wisconsin (Warren, J.) dismissing a charge of infringement of a patent for an orthodontic appliance. Sitting without a jury, the court held U.S. Patent No. 3,178,820 ('820), owned by TP Laboratories, Inc. (TP), invalid under 35 U.S.C. § 102(b), on the ground that a public use occurred more than one year prior to the filing...

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