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TECHNICON INSTRUMENTS CORP. v. ALPKEM CORP.

No. 88-1396.

866 F.2d 417 (1989)

TECHNICON INSTRUMENTS CORP., Plaintiff-Appellant, v. ALPKEM CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

As Amended March 13, 1989.

Attorney(s) appearing for the Case

Kurt E. Richter, of Morgan & Finnegan, New York City, argued for plaintiff-appellant. Of counsel were Eugene Moroz, William S. Feiler and Michael P. Dougherty, of Morgan & Finnegan, New York City.

Joseph D. Cohen and George K. Meier, III, of Stoel, Rives, Boley, Jones & Grey, Portland, Or., argued for defendant-appellee. Of counsel was Paul S. Angello, of Stoel, Rives, Boley, Jones & Grey, Portland, Or., and Hardy Myers, of Stoel, Rives, Boley, Jones & Grey, Washington, D.C.

Before FRIEDMAN, NIES, and ARCHER, Circuit Judges.

FRIEDMAN, Circuit Judge.

This case began as a patent infringement suit, and the defendant filed an antitrust counterclaim. The patent and antitrust issues were separated for trial, the patent issues being tried first. In the prior appeal in this case, we upheld the findings of the United States District Court for the District of Oregon that there had been no infringement of the patent. Technicon Instruments Corp. v. Alpkem Corp., 837 F.2d 1097 (Fed.Cir.1987...

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