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SENZA-GEL CORP. v. SEIFFHART

Appeal Nos. 85-2780, 85-2781.

803 F.2d 661 (1986)

SENZA-GEL CORPORATION, et al., Appellants/Cross-Appellees, v. John B. SEIFFHART, Goehring Meat, Inc., and Ohi, Inc., Appellees/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

October 2, 1986.

Attorney(s) appearing for the Case

Elmer S. Albritton, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., argued for appellants/cross-appellees. With him on brief were Donald N. MacIntosh, Richard F. Irecartin and Richard P. Doyle, Jr.

Ernest H. McCoy, Oakland, Cal., argued for appellees/cross-appellants. With him on brief were Robert M. Brown, Brown & Finney, San Francisco, Cal. and Charles Townsend, Jr., Townsend & Townsend, San Francisco, Cal.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and NIES, Circuit Judge.

MARKEY, Chief Judge.

Certified question from the United States District Court for the Eastern District of California, relating to the criteria employed by the court in rendering summary judgment of patent misuse. We answer the inquiry in the affirmative.

Background

Appellants (Senza-Gel) sued all appellees, asserting numerous claims under state and federal law. One such claim was for infringement of Senza-Gel's process patent No. 3,644,125...

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