No. 93-1431.

38 F.3d 551 (1994)

TRANSCO PRODUCTS INC., Plaintiff-Appellee, v. PERFORMANCE CONTRACTING, INC. and Performance Contracting Group, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 14, 1994.

Attorney(s) appearing for the Case

Robert Edward Wagner, Wallenstein, Wagner & Hattis, Ltd., Chicago, IL, argued for plaintiff-appellee. With him on the brief was Roger H. Stein.

Robert A. Vanderhye, Nixon & Vanderhye, P.C., Arlington, VA, argued for defendants-appellants.

Robert A. Armitage, Vinson & Elkins, L.L.P., Washington, DC, was on the brief for amicus curiae, Biotechnology Industry Organization.

John T. Whelan, Chair, Bar Ass'n of the District of Columbia, Patent, Trademark & Copyright Section, Washington, DC, and Anthony W. Shaw, Burns, Doane, Swecker & Mathis, Alexandria, VA, were on the brief for amicus curiae, Bar Ass'n of The District of Columbia.

Before RICH, PLAGER, and SCHALL, Circuit Judges.

RICH, Circuit Judge.

Performance Contracting, Inc. and Performance Contracting Group, Inc. (collectively Performance) appeal the May 18, 1993, decision of the United States District Court for the Northern District of Illinois, Transco Prods. Inc. v. Performance Contracting, Inc., 821 F.Supp. 537, 28 USPQ2d 1739 (N.D.Ill. 1993), holding by summary judgment claims 1-4 of U.S. Patent No. 4,009,735 (Pinsky patent) invalid on...

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