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RIKER LAB., INC. v. GIST-BROCADES N. V.

No. 78-2322.

636 F.2d 772 (1980)

RIKER LABORATORIES, INC., A Corporation of Delaware, Appellant, v. GIST-BROCADES N. V., A Corporation of the Netherlands.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1980.

Attorney(s) appearing for the Case

Donald M. Sell, St. Paul, Minn., with whom Marcus B. Finnegan and Brian G. Brunsvold, Washington, D. C., were on the brief, for appellant.

Joel M. Miller, New York City, with whom Martin D. Edel and Michael M. Maney, New York City, were on the brief, for appellee.

Before WRIGHT, Chief Judge, BAZELON, Senior Circuit Judge and MacKINNON, Circuit Judge.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

The major issue in this appeal is whether 35 U.S.C. § 293 confers personal jurisdiction over a foreign patentee when allegations of patent misuse are made. We hold that the statute does, and reverse the determination of the district court dismissing the action for lack of personal jurisdiction. We also find that subject matter jurisdiction exists to support consideration...

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