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MINNESOTA MIN. AND MFG. CO. v. NORTON CO.

No. 90-1291.

929 F.2d 670 (1991)

MINNESOTA MINING AND MANUFACTURING CO., Plaintiff-Appellant, v. NORTON COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 27, 1991.

Attorney(s) appearing for the Case

Douglas A. Strawbridge, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., of Minneapolis, Minn., argued for plaintiff-appellant. With him on the brief were John D. Gould and R. Carl Moy. Also on the brief were Richard Francis and Gary L. Griswold, 3M Office of Patent Counsel, St. Paul, Minn. and Charles L. Gholz, Oblon, Spivak, McClelland, Maier & Newstadt, P.C., of Arlington, Va., of counsel.

Ronald J. Brown, Dorsey & Whitney, of Minneapolis, Minn., argued for defendant-appellee. With him on the brief were Craig D. Diviney and David R. Abrams. Also on the brief was Steven Borst, The Norton Co., Worcester, Mass., of counsel.

Before PLAGER, Circuit Judge, SMITH, Senior Circuit Judge, and LOURIE, Circuit Judge.

LOURIE, Circuit Judge.

This case, on appeal from the United States District Court for the District of Minnesota, raises the question whether an accused patent infringer's suit for a declaration of non-infringement should be dismissed because the patent involved is part of an interference proceeding in the United States Patent and Trademark Office (PTO). The district court dismissed the suit. Minnesota Mining & Mfg. Co. v. Norton Co., Civil No. 4-89-676...

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