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INTERVET AMERICA v. KEE-VET LABORATORIES

No. 89-1036.

887 F.2d 1050 (1989)

INTERVET AMERICA, INC., Plaintiff-Appellant, v. KEE-VET LABORATORIES, INC., Robert D. Keenum, and Keenum, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 6, 1989.

Attorney(s) appearing for the Case

Herbert I. Cantor, Wegner & Bretschneider, Washington, D.C., argued, for plaintiff-appellant. With him on the brief were Barry E. Bretschneider, Harold C. Wegner and Mary Ann Capria, Washington, D.C.

Albert S. Anderson, Jones, Askew & Lunsford, Atlanta, Ga., argued, for defendants-appellees. With him on the brief was Stephen M. Schaetzel, Atlanta, Ga.

Before FRIEDMAN, RICH and MAYER, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the September 28, 1988, judgment of the United States District Court for the Northern District of Georgia, Gainesville Division. Intervet America, Inc. (Intervet) sued Kee-Vet Laboratories, Inc., Robert D. Keenum, and Keenum, Inc. (Kee-Vet) for infringement of its patent No. 4,530,831 ('831 patent), entitled "Infectious Bursal Disease Vaccine." The district court held that Intervet failed to prove infringement and did not reach...

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