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WESTERN ELEC. CO., INC. v. PIEZO TECHNOLOGY, INC.

No. 88-1216.

860 F.2d 428 (1988)

WESTERN ELECTRIC COMPANY, INCORPORATED, Plaintiff, v. PIEZO TECHNOLOGY, INC., Defendant-Appellee, v. Donald QUIGG, Assistant Secretary and Commissioner of Patents and Trademarks, Appellant.

United States Court of Appeals, Federal Circuit.

November 1, 1988.

Attorney(s) appearing for the Case

Jacob M. Lewis of the Civil Div., Dept. of Justice, Washington, D.C., argued for appellant. With him on the brief were John R. Bolton, Asst. Atty. Gen., Washington, D.C., Henry H. Hudson, U.S. Atty., Alexandria, Va., and John F. Cordes, Washington, D.C. Of counsel were Fred E. McKelvey, Sol., and John W. Dewhirst, Associate Sol., U.S. Patent & Trademark Office, Arlington, Va.

Gordon D. Coplein of Darby & Darby, New York City, argued for defendant-appellee. With him on the brief was Peter C. Schechter of Darby & Darby, New York City. Of counsel was Steven E. Lipman, of Lupo, Lipman & Lever, Washington, D.C.

Before ARCHER, Circuit Judge, BALDWIN, Senior Circuit Judge, and MAYER, Circuit Judge.

ARCHER, Circuit Judge.

Donald Quigg, Assistant Secretary and Commissioner of Patents and Trademarks (Commissioner), appeals from an order of the United States District Court for the Eastern District of Virginia holding the Commissioner in civil contempt for prohibiting a patent examiner from answering certain deposition questions posed by Piezo Technology, Inc. (Piezo), the defendant in a private patent infringement suit. We reverse.

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