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KINGSDOWN MEDICAL CONSULTANTS, LTD. v. HOLLISTER INCORPORATED

No. 89-1103.

866 F.2d 1398 (1989)

KINGSDOWN MEDICAL CONSULTANTS, LTD. and E.R. Squibb & Sons, Inc., Plaintiffs-Appellants, v. HOLLISTER INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 6, 1989.

Attorney(s) appearing for the Case

Garland P. Andrews, Richards, Harris, Medlock & Andrews, of Dallas, Tex., for plaintiffs-appellants.

James T. Fitzgibbon, Lockwood Alex Fitzgibbon & Cummings, Chicago, Ill., for defendant-appellee. Angelo J. Bufalino, Lockwood Alex Fitzgibbon & Cummings, Chicago, Ill., of counsel.

Before MARKEY, Chief Judge, SMITH and ARCHER, Circuit Judges.

ORDER

MARKEY, Chief Judge.

The present appeal is from an October 27, 1988 Order of the district court, issued during the pendency of Appeal No. 88-1265 before this court. The Order appealed from awarded attorney fees and costs and found the case exceptional. The basis of the Order was the district court's previous judgment based on a determination that the patent had been procured through inequitable conduct. That judgment was reversed by this court on December...

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