OETIKER v. JURID WERKE GMBH

Nos. 81-1427, 81-1489.

671 F.2d 596 (1982)

Hans OETIKER, Appellant, v. JURID WERKE GMBH. Hans OETIKER v. JURID WERKE GMBH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1982.


Attorney(s) appearing for the Case

Paul M. Craig, Jr., Washington, D. C., with whom James F. McKeown, Washington, D. C., was on the brief for Hans Oetiker, appellant in No. 81-1427 and appellee in No. 81-1489.

Martin Fleit, Washington, D. C., with whom Michael R. Slobasky, Washington, D. C., was on the brief for Jurid Werke GmbH, appellee in No. 81-1427 and appellant in No. 81-1489.

Before WILKEY and MIKVA, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.


Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

Hans Oetiker (Oetiker) appeals from a judgment of the United States District Court for the District of Columbia dismissing his claim that Jurid Werke GmbH (Jurid) procured U.S. Patent 3,321,811 ('811 patent) by fraud on the Patent and Trademark Office (PTO) and misused the '811 patent in violation of Section 2 of the Sherman Act (15 U.S.C. § 2). Jurid cross appeals the district court...

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