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WAHL INSTRUMENTS, INC. v. ACVIOUS, INC.

No. 89-1664.

950 F.2d 1575 (1991)

WAHL INSTRUMENTS, INC. and Robert Parker, Plaintiffs-Appellants, v. ACVIOUS, INC. and Kenneth J. McMillan, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 12, 1991.

Attorney(s) appearing for the Case

Richard F. Carr, Poms, Smith, Lande & Rose, Orange, Cal., argued, Allan Rothenberg, Poms, Smith, Lande & Rose, Irvine, Cal. (Glenn A. Clark, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., on brief), for plaintiffs-appellants.

George C. Meyers, Jr., Wigman & Cohen, P.C., Arlington, Va., argued (Victor M. Wigman, Ezra D. Rosenberg, Katzenbach, Gildea & Rudner, Lawrenceville, N.J., on brief), for defendants-appellees.

Before NIES, Chief Judge, ARCHER, Circuit Judge, and KELLEHER, District Judge.

NIES, Chief Judge.

Wahl Instruments, Inc., and Robert Parker (Wahl) appeal the grant of summary judgment of the United States District Court for the District of New Jersey, Wahl Instruments, Inc. v. Acvious, Inc., 12 USPQ2d 1143, 1989 WL 136621 (D.N.J.1989), holding claims of U.S. Patent No. 4,137,769 ('769) invalid for failure to disclose the best mode contemplated by the inventor of carrying out his invention as required by 35 U.S.C. § 112 (1988). We...

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