BALL CORP. v. XIDEX CORP.

Nos. 89-1325, 89-1348.

967 F.2d 1440 (1992)

BALL CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. XIDEX CORPORATION and Dysan Corporation, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

June 18, 1992.


Attorney(s) appearing for the Case

Charles F. Brega, Brega & Winters P.C., Denver, Colo. (Stuart N. Bennett and Mark J. Appleton, Brega & Winters P.C., Denver, Colo., Clyde F. Willian and Richard A. Kaplan, Willian Brinks Olds Hofer Gilson & Lione, Chicago, Ill., and J. Stephen McGuire, Purcell & McGuire, Englewood, Colo., with him, on the briefs), for plaintiff-appellant, cross-appellee.

William E. Murane, Holland & Hart, Denver, Colo. (Ralph F. Crandell, Holland & Hart, Denver, Colo., Warren P. Kujawa and Henry C. Bunsow, Townsend & Townsend, San Francisco, Cal., with him, on the briefs), for defendants-appellees, cross-appellants.

Before McKAY, Chief Judge, ALDISERT, and McWILLIAMS, Circuit Judges.


McKAY, Chief Judge.

Ball Corporation, a research and development company, brought this tort action against Xidex Corporation and Dysan Corporation (collectively Xidex),2 manufacturers of computer disks. The complaint alleges that Xidex damaged Ball by making false statements and withholding material evidence during a reexamination proceeding in the United States Patent and Trademark Office (PTO...

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