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ATLANTIC RESEARCH MARKETING SYSTEMS, INC. v. TROY

Nos. 2011-1002, 2011-1003.

659 F.3d 1345 (2011)

ATLANTIC RESEARCH MARKETING SYSTEMS, INC., Plaintiff-Appellant, v. Stephen P. TROY, Jr. and Troy Industries, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

October 6, 2011.

Attorney(s) appearing for the Case

Paul J. Hayes , Hayes Bostock & Cronin LLC, of Andover, MA, argued for plaintiff-appellant. With him on the brief was Dean G. Bostock.

Damian R. Laplaca , Donovan Hatem, LLP, of Boston, MA, and Thomas P. McNulty , Lando & Anastasi, LLP, of Cambridge, MA, argued for defendants-cross appellants.

Before PROST, MAYER, and O'MALLEY, Circuit Judges.

PROST, Circuit Judge.

Atlantic Research appeals from the grant of summary judgment by the United States District Court for the District of Massachusetts invalidating claims 31-36 of U.S. Reissue Patent No. 39,465 ("'465 patent") for failing to meet the written description and best mode requirements. Because the district court did not err in invalidating these claims on written description grounds, we affirm. We decline to address the best mode issue.

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