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SHILEY, INC. v. BENTLEY LABORATORIES, INC.

Appeal No. 85-2226.

794 F.2d 1561 (1986)

SHILEY, INC., Plaintiff-Appellee, v. BENTLEY LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 16, 1986.

Attorney(s) appearing for the Case

Roy E. Hofer, Willian Brinks Olds Hofer Gilson & Lione Ltd., Chicago, Ill., argued for defendant-appellant. With him on brief were Gary M. Ropski and Mark J. Buonaiuto.

John E. Kidd, Pennie & Edmonds, New York City argued for plaintiff-appellee. With him on brief were Gidon D. Stern and Stephen J. Harbulak. Joseph V. Colaianni, Pennie & Edmonds, Washington, D.C., was also on brief for appellee.

Before BALDWIN, SMITH and NEWMAN, Circuit Judges.

BALDWIN, Circuit Judge.

Shiley, Inc. (Shiley) sued Bentley Laboratories, Inc. (Bentley) for infringement of U.S. Patent Nos. 4,065,264 ('264) and 4,138,288 ('288). Bentley counterclaimed for a declaration of invalidity, unenforceability, and non-infringement. The action was tried to a jury, and resulted in a verdict for plaintiff on all issues. The special verdict included jury findings that none of the claims in suit was invalid, that plaintiff was entitled to recover...

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