SMITHKLINE DIAGNOSTICS, INC., Plaintiff-Appellant,
v.
HELENA LABORATORIES CORPORATION, Defendant/Cross-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
October 12, 1988.
October 12, 1988.
Attorney(s) appearing for the Case
Donald Dunner, Finnegan, Henderson, Farabow, Garrett and Dunner, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Allen M. Sokal. Also on the brief were Alan D. Lourie and Stuart R. Suter, Philadelphia, Pa., of counsel.
Jerald I. Schneider, Spencer & Frank, Washington, D.C., argued for defendant/cross-appellant. With him on the brief was Charles R. Rutherford, Cullen, Sloman, Cantor, Grauer, Scott & Rutherford, Detroit, Mich.
Before RICH and NIES, Circuit Judges, and NICHOLS, Senior Circuit Judge.
United States Court of Appeals, Federal Circuit.
NIES, Circuit Judge.
SmithKline Diagnostics, Inc. (SKD) appeals the final judgment of the United States District Court for the Eastern District of Texas, SmithKline Diagnostics, Inc. v. Helena Laboratories Corp.,662 F.Supp. 622 (E.D.Tex.1987), holding United States Patent No. 4,365,970 ('970) valid as between the parties but not infringed by either of two accused products of Helena...
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