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PARAGON PODIATRY LABORATORY v. KLM LABORATORIES

No. 91-1455.

984 F.2d 1182 (1993)

PARAGON PODIATRY LABORATORY, INC., Plaintiff-Appellant, v. KLM LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 1993.

Attorney(s) appearing for the Case

William H. Drummond, Fulwider, Patton, Lee & Utecht, Long Beach, CA, argued, for plaintiff-appellant. With him on the brief was Vern Schooley.

James E. Brunton, Glendale, CA, argued, for defendant-appellee.

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

PER CURIAM.

Paragon Podiatry Laboratory, Inc., appeals from the grant of KLM Laboratories, Inc.'s motion for summary judgment by the United States District Court for the Central District of California. The district court held Paragon's U.S. Patent No. 4,686,993 (the '993 patent) invalid under 35 U.S.C. § 102(b) (1988) and unenforceable by reason of the applicant's inequitable conduct before the Patent and Trademark Office (PTO). We affirm the grant of summary...

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