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NUTRITION 21 v. U.S.

No. 90-1283.

930 F.2d 867 (1991)

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

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 20, 1991.

Attorney(s) appearing for the Case

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

Paul T. Meiklejohn, Seed & Berry, Seattle, Wash., argued, for defendants-appellants. With him on the brief, was Kenneth G. Whitaker.

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

NIES, Chief Judge.

The United States District Court for the Western District of Washington in Nutrition 21 v. Thorne Research Inc., 14 USPQ2d 1244 (1990), granted a preliminary injunction pursuant to 35 U.S.C. § 283 (1988), enjoining the defendants and others "from selling or offering for sale chromium picolinate." Id. at 14 USPQ2d at 1248. The product chromium picolinate is encompassed within claim 1 of U.S. Patent No. 4,315,927 ('927) owned by...

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