BIO-RAD LABORATORIES v. NICOLET INSTRUMENT CORP.

Appeal No. 83-829/83-864.

739 F.2d 604 (1984)

BIO-RAD LABORATORIES, INC., a Delaware Corporation, Plaintiff-Appellee, Cross-Appellant, v. NICOLET INSTRUMENT CORPORATION, a Wisconsin Corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Federal Circuit.

July 12, 1984.


Attorney(s) appearing for the Case

Harold C. Hohback, San Francisco, Cal., argued for appellant. With him on the brief were William J. Egan, III, and William A. Cammett, San Francisco, Cal.

Robert J. Sherman and David A. Allgeyer, Minneapolis, Minn., were on the brief for appellant.

Roger L. Cook, San Francisco, Cal., argued for appellee. With him on the brief were J. Georg Seka, David N. Slone and John W. Schlicker, San Francisco, Cal., of counsel.

Before FRIEDMAN, Circuit Judge, NICHOLS, Senior Circuit Judge, and BALDWIN, Circuit Judge.


BALDWIN, Circuit Judge.

This is an appeal from an unpublished decision of the United States District Court for the Northern District of California holding claims 1-7 of U.S. Patent No. 3,319,515 (hereinafter '515 patent or Flournoy patent) for an "Interferometric Optical Phase Discrimination Apparatus" valid and infringed. Judgment was entered on a jury verdict rendered after forty-four days of trial. We vacate the District Court's denial of prejudgment interest and...

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