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IN RE MARK INDUSTRIES

Appeal No. 84-1550.

751 F.2d 1219 (1984)

In re MARK INDUSTRIES, Petitioner.

United States Court of Appeals, Federal Circuit.

December 21, 1984.

Attorney(s) appearing for the Case

Robert R. Thornton, Leff & Mason, Beverly Hills, Cal., for petitioner.

Charles E. Wills, Los Angeles, Cal., for respondent.

Before MARKEY, Chief Judge, and BENNETT and SMITH, Circuit Judges.

ORDER

MARKEY, Chief Judge.

MARK INDUSTRIES, (MARK) petitions for a writ of mandamus ordering the United States District Court, Central District of California to vacate its "Order on Motion to Dismiss", (Order) insofar as it: (1) voided the presumption of validity attached to Reissue Patent No. 31,400 ('400 patent); and (2) set the date for accrual of damages as the issue date of the '400 patent. We grant the petition and require that the Order be vacated...

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