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BAYER AKTIENGESELLSCHAFT v. DUPHAR INTERN. RESEARCH

Appeal No. 84-600.

738 F.2d 1237 (1984)

BAYER AKTIENGESELLSCHAFT, Appellee, v. DUPHAR INTERNATIONAL RESEARCH B.V., Appellant.

United States Court of Appeals, Federal Circuit.

June 28, 1984.

Attorney(s) appearing for the Case

Donald R. Dunner, Washington, D.C., argued for appellant. With him on the brief were Allen M. Sokal, Washington, D.C.

Ellsworth H. Mosher, Alexandria, of counsel.

Arnold Sprung, New York City, argued for appellee. With him on the brief were Leonard Horn and Ira J. Schaefer, New York City.

Before KASHIWA, Circuit Judge, COWEN, Senior Circuit Judge, and BENNETT, Circuit Judge.

KASHIWA, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Columbia (No. 80-3123), entered September 30, 1983. 221 USPQ 1056. The district court, after ruling in favor of appellee, Bayer Aktiengesellschaft ("Bayer"), awarded attorney fees to Bayer pursuant to 35 U.S.C. § 285. We vacate and remand.

Background

In the district court, Bayer filed a declaratory judgment suit, seeking a...

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