HILTON DAVIS CHEMICAL CO. v. WARNER-JENKINSON CO., INC.

No. 93-1088.

62 F.3d 1512 (1995)

HILTON DAVIS CHEMICAL CO., Plaintiff-Appellee, v. WARNER-JENKINSON COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 8, 1995.


Attorney(s) appearing for the Case

David E. Schmit, Frost & Jacobs, Cincinnati, OH, argued, for plaintiff-appellee. Of counsel were Martin J. Miller and Jayadeep R. Deshmukh.

J. Robert Chambers, Wood, Herron & Evans, Cincinnati, OH, argued, for defendant-appellant.

Roger W. Parkhurst, Parkhurst, Wendel & Rossi, Alexandria, VA, Harold C. Wegner, Wegner, Cantor, Mueller & Player, Washington, DC, Nancy J. Linck, Cushman, Darby & Cushman, Washington, DC, Kenneth E. Krosin, Lowe, Price, LeBlanc & Becker, Alexandria, VA, and Gary L. Newtson, President, American Intellectual Property Law Ass'n, Arlington, VA, were on the brief, for amicus curiae, American Intellectual Property Law Ass'n.

Stanley L. Amberg, Davis Hoxie Faithfull & Hapgood, New York City, was on the brief, for amicus curiae, Stanley L. Amberg.

Donald Chisum, Morrison & Foerster, Seattle, WA, and William Alsup, Morrison & Foerster, San Francisco, CA, were on the brief, for amicus curiae, Acuson Corp.

R. Carl Moy, Asst. Professor, William Mitchell College of Law, St. Paul, MN, and Roy E. Hofer, President, Federal Circuit Bar Ass'n, of Washington, DC, were on the brief, for amicus curiae, Federal Circuit Bar Ass'n.

R. William Ide, III, President, American Bar Ass'n, Chicago, IL, was on the brief, for amicus curiae, American Bar Ass'n. Of counsel were Douglas W. Wyatt, Stanley L. Amberg, Tom Arnold, Frederick J. Dorchak, Donald R. Dunner, J. Michael Jakes, Joseph R. Re, William C. Rooklidge and Harrie R. Samaras.

Edmund J. Sease, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, IA, was on the brief, for amicus curiae, Iowa State Bar Ass'n.

Timothy B. Dyk, Jones, Day, Reavis & Pogue, Washington, DC, was on the brief, for amicus curiae, California Ass'n for the Advancement of Technology and Invention.

Michael F. Heim and Leslie V. Payne, Conley, Rose & Tayon, Houston, TX, were on the brief, for amicus curiae, The Houston Intellectual Property Law Ass'n. Also on the brief was Jeffrey W. Tayon, President, Houston Intellectual Property Law Ass'n, Houston, TX, of counsel.

Donald J. Harrington and Frank A. Angileri, Brooks & Kushman, P.C., Southfield, MI, were on the brief, for amicus curiae, Intellectual Property Law Institute.

Before ARCHER, Chief Judge, RICH, Circuit Judge, COWEN, Senior Circuit Judge, NIES, NEWMAN, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, and SCHALL, Circuit Judges.


Opinion of the court filed PER CURIAM. Concurring opinion filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge PLAGER, in which Chief Judge ARCHER and Circuit Judges RICH and LOURIE join. Dissenting opinion filed by Circuit Judge LOURIE, in which Circuit Judges RICH and PLAGER join. Dissenting opinion filed by Circuit Judge NIES, in which Chief Judge ARCHER joins in part.

PER CURIAM.

Hilton Davis...

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