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HARTLEY v. MENTOR CORP.

No. 88-1641.

869 F.2d 1469 (1989)

John H. HARTLEY, Jr., M.D., Plaintiff-Appellant, v. MENTOR CORPORATION, Defendant/Third-Party Plaintiff/Appellee, v. AMERICAN HOSPITAL SUPPLY CORPORATION, Third-Party Defendant/Appellee.

United States Court of Appeals, Federal Circuit.

March 14, 1989.

Attorney(s) appearing for the Case

Arthur Grebow, of Antin, Stern, Litz & Grebow, Los Angeles, Cal., submitted for plaintiff-appellant.

Alan M. Anderson, of Faegre & Benson, Minneapolis, Minn., submitted for defendant/third-party plaintiff/appellee. With him on the brief were Brian B. O'Neill, Counsel of Record, and Felicia J. Boyd, of Faegre & Benson, Minneapolis, Minn. Also on the brief was Henry H. Rossbacher, of Williams, Walsh & Sullivan, Los Angeles, Cal.

Before RICH, NIES, and MAYER, Circuit Judges.

NIES, Circuit Judge.

John H. Hartley, Jr., appeals from the July 14, 1987 final judgment of the United States District Court for the Central District of California, No. CV-86-7738-JSL, dismissing with prejudice his complaint against Mentor Corporation involving his United States Patent No. 3,934,274 ('274 patent). On a motion for summary judgment, the court ruled that because the '274 patent had been held invalid in prior litigation, Hartley v. Minnesota Mining...

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