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HEWLETT-PACKARD CO. v. BAUSCH & LOMB INC.

Nos. 90-1016, 90-1017.

909 F.2d 1464 (1990)

HEWLETT-PACKARD COMPANY, Plaintiff/Cross-Appellant, v. BAUSCH & LOMB INCORPORATED, Defendant/Appellant.

United States Court of Appeals, Federal Circuit.

July 30, 1990.

Attorney(s) appearing for the Case

Jonathan A. Marshall, Pennie & Edmonds, New York City, argued, for plaintiff/cross-appellant. Of counsel, were Brian D. Coggio, Jon R. Stark, Steven I. Wallach and John J. Normile, Pennie & Edmonds, and William H. MacAllister, Hewlett-Packard Co., Boise, Idaho.

Laurence H. Pretty, Pretty, Schroeder, Brueggemann & Clark, Los Angeles, Cal., argued, for defendant/appellant. With him on the brief, were Mary Ann Tucker, and Bernard D. Bogdon, of Bausch & Lomb Inc., Rochester, N.Y. Of counsel, were Gary A. Clark and John T. Wiedemann, Pretty, Schroeder, Brueggemann & Clark, Los Angeles, Cal.

Before RICH and NEWMAN, Circuit Judges, and COWEN, Senior Circuit Judge.

RICH, Circuit Judge.

Bausch & Lomb Incorporated (B & L) appeals from the September 13, 1989 Judgment of the United States District Court for the Northern District of California, holding U.S. Pat. No. 4,384,298 (LaBarre) valid and infringed by B & L. Hewlett-Packard Co. v. Bausch & Lomb Inc., 722 F.Supp. 595, 13 USPQ2d 1105 (N.D.Cal. 1989). Hewlett-Packard Company...

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