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ASTRA v. LEHMAN

No. 94-1388.

71 F.3d 1578 (1995)

Aktiebolaget ASTRA, Plaintiff-Appellant, v. Bruce A. LEHMAN, Commissioner of Patents and Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 13, 1995.

Attorney(s) appearing for the Case

Edward V. Filardi, White & Case, New York City, argued, for plaintiff-appellant. With him on the brief were William A. Schoneman and Zoltan Kerekes. Also on the brief was Carolyn B. Lamm, White & Case, Washington, D.C.

James T. Carmichael, Associate Solicitor, Arlington, Virginia, argued, for defendant-appellee. With him on the brief were Nancy J. Linck, Solicitor, and Albin F. Drost, Deputy Solicitor. Of counsel was Richard E. Schafer.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

RICH, Circuit Judge.

Aktiebolaget Astra (Astra) appeals the March 11, 1994 judgment of the United States District Court for the District of Columbia granting the motion of the Commissioner of Patents and Trademarks (Commissioner) for summary judgment and denying Astra's cross-motion for summary judgment requesting a declaratory judgment that the Notice of Final Determination of Patent Term Extension issued on February 10, 1993 for U.S. Patent No. 4,215,113 ('113 patent...

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