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SMITHKLINE DIAGNOSTICS v. HELENA LABORATORIES

Nos. 90-1002, 90-1021.

926 F.2d 1161 (1991)

SMITHKLINE DIAGNOSTICS, INC., Plaintiff-Appellant, v. HELENA LABORATORIES CORPORATION, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

February 26, 1991.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, of Washington, D.C., argued for plaintiff-appellant. With him on the brief was Allen M. Sokal.

Jerold I. Schneider, Spencer & Frank, of Washington, D.C., argued for defendant/cross-appellant. With him on the brief was John W. Schneller.

Before NIES, Chief Judge, MILLER, Senior Circuit Judge, and GEORGE, District Judge.

NIES, Chief Judge.

SmithKline Diagnostics, Inc. (SKD) appeals the judgment of the United States District Court for the Eastern District of Texas, SmithKline Diagnostics Inc. v. Helena Laboratories Corp., 12 USPQ2d 1375 (E.D.Tex.1989), awarding SKD $625,461.06 against Helena Laboratories Corporation to compensate for Helena's infringement of SKD's U.S. Patent No. 4,365,970 (the '970 patent). The award was based upon a 25% royalty on the selling price of Helena...

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