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CONTINENTAL CAN CO. USA, INC. v. MONSANTO CO.

No. 90-1328.

948 F.2d 1264 (1991)

CONTINENTAL CAN COMPANY USA, INC. and Continental Pet Technologies, Inc., Plaintiffs-Appellants, v. MONSANTO COMPANY, Hoover Universal, Inc. and Johnson Controls, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 26, 1991.

Attorney(s) appearing for the Case

Eugene F. Friedman, Eugene F. Friedman, Ltd., Chicago, Ill., argued for plaintiffs-appellants. With him on the brief were Edwin C. Thomas, III and David M. Novak, Bell, Boyd & Lloyd, Chicago, Ill. Also on the brief was Kurt L. Grossman, Wood, Herron & Evans, Cincinnati, Ohio.

Henry J. Renk, Fitzpatrick, Cella, Harper & Scinto, of New York City, argued for defendants-appellees. With him on the brief were Lawrence F. Scinto and Bruce C. Haas. Also on the brief were Jacob K. Stein, Deborah DeLong, Thompson, Hine & Flory, Cincinnati, Ohio, Lawrence L. Limpus, Monsanto Co., St. Louis, Mo. and Edward L. Levine, Johnson Controls, Inc., Milwaukee, Wis.

Before NEWMAN, ARCHER, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Continental Can Company USA and Continental PET Technologies (collectively "Continental") appeal the partial summary judgment of the United States District Court for the Southern District of Ohio, holding that United States Patent No. 4,108,324 (the Conobase or '324 patent) is invalid.1 Final judgment was entered on this issue, for the purpose of appeal.

Summary Judgment

An issue...

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