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NORTH AMERICAN VACCINE, INC. v. AMERICAN CYANAMID CO.

No. 93-1076.

7 F.3d 1571 (1993)

NORTH AMERICAN VACCINE, INC. and National Research Council of Canada, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY and Praxis Biologics, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 8, 1993.

Attorney(s) appearing for the Case

Stephen R. Smith, Morgan & Finnegan, New York City, argued for plaintiffs-appellants. With him on the brief were John A. Diaz and Arnold I. Rady. Also on the brief were Mark J. Abate, Tony V. Pezzano and Bruce D. Radin, of counsel.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, argued for defendants-appellees. With him on the brief were Brian G. Brunsvold, Thomas H. Jenkins and Thomas W. Banks. Daniel J. Thomasch, Donovan, Leisure, Newton & Irvine, of counsel.

Before LOURIE, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined December 8, 1993.

LOURIE, Circuit Judge.

National Research Council of Canada and its exclusive licensee, North American Vaccine (collectively NRC), appeal from the judgment of the United States District Court for the Southern District of New York holding claims 12 and 25 of U.S. Patent 4,356,170 invalid for indefiniteness under 35 U.S.C. § 112, ¶ 2 (1988), and not infringed by American Cyanamid...

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