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BURLINGTON INDUSTRIES, INC. v. DAYCO CORP.

No. 88-1024.

849 F.2d 1418 (1988)

BURLINGTON INDUSTRIES, INC., Plaintiff-Appellant, v. DAYCO CORPORATION, Defendant-Appellee,

United States Court of Appeals, Federal Circuit.

June 14, 1988.

Attorney(s) appearing for the Case

Jack W. Floyd, Greensboro, N.C., for plaintiff-appellant. With him on the brief was James A. Medford.

Ronald J. St. Onge, St. Onge Steward Johnston & Reens, Stamford, Conn., for defendant-appellee. With him on the brief were William J. Speranza and Michael L. Goldman. Also on the brief was Joseph V. Tassone.

Before SMITH, Circuit Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

NICHOLS, Senior Circuit Judge.

In this case the trial court has applied F.R.Civ.P. 56 to enter a summary judgment holding that Patent No. 4,283,455 ('455 patent) is unenforceable for inequitable conduct by the patent attorney or agent who applied for it. The court, however, denied summary judgment, as also sought on grounds of obviousness and noninfringement, but its decision on these issues may have been influenced by its interpretation of the patent respecting the...

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