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NUTRITION 21 v. U.S.

No. 90-1382.

930 F.2d 862 (1991)

NUTRITION 21, Plaintiff-Appellee, v. The UNITED STATES, Plaintiff-Appellant, v. THORNE RESEARCH, INC., Albert F. Czap, Defendants.

United States Court of Appeals, Federal Circuit.

March 29, 1991.

Attorney(s) appearing for the Case

William C. Rooklidge, Knobbe, Martens, Olson & Bear, Newport Beach, Fla., argued, for plaintiff-appellee. With him on the brief, were Don W. Martens and Lowell Anderson.

Douglas Letter, Dept. of Justice, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., and Vito J. DiPietro, Director.

Paul T. Meiklejohn, Seed & Berry, Seattle, Wash., for defendants.

Before NIES, Chief Judge, and RICH and MAYER, Circuit Judges.

RICH, Circuit Judge.

This interlocutory appeal comes to us under 28 U.S.C. § 1292(b), the United States District Court for the Western District of Washington, Dimmick, J., having certified to this court the existence of a potentially controlling question of law as to which there is substantial ground for difference of opinion, the answer to which may advance the ultimate determination of this ongoing patent infringement litigation. See Nutrition 21 v. Thorne...

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