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FILMTEC CORP. v. HYDRANAUTICS

No. 94-1034.

67 F.3d 931 (1995)

FILMTEC CORPORATION, Plaintiff-Appellee, v. HYDRANAUTICS, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 12, 1995.

Attorney(s) appearing for the Case

James R. Martin, Gibson, Dunn & Crutcher, Los Angeles, CA, argued for plaintiff-appellee. Bernd W. Sandt and Gary C. Cohn, The Dow Chemical Company, Midland, MI, were on the brief, for plaintiff-appellee.

Carl W. Schwarz, McDermott, Will & Emery, Washington, DC, argued for defendant-appellant. With him on the brief was Seth D. Greenstein.

Before NEWMAN, PLAGER, and CLEVENGER, Circuit Judges.

Circuit Judge NEWMAN filed a separate opinion in which she concurs in the judgment.

PLAGER, Circuit Judge.

This case addresses the tension between the rights of a patentee seeking a remedy and the rights of a competitor seeking recompense for litigation that is claimed to be anticompetitive and violative of the antitrust laws. The district court denied the alleged infringer's motion to amend its answer to a complaint of patent infringement. The amendment was...

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