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NORDBERG, INC. v. TELSMITH, INC.

No. 95-1316.

82 F.3d 394 (1996)

NORDBERG, INC., Plaintiff-Appellee, v. TELSMITH, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 24, 1996.

Attorney(s) appearing for the Case

Roger D. Greer, Greer, Burns & Crain, Ltd., Chicago, Illinois, argued, for plaintiff-appellee. With him on the brief, was Lawrence J. Crain.

Andrew J. Nilles, Nilles & Nilles, S.C., Milwaukee, Wisconsin, argued, for defendant-appellant. With him on the brief, were James E. Nilles and John P. Fredrickson.

Before MICHEL, PLAGER, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Telsmith, Inc. appeals from a decision of the United States District Court for the Eastern District of Wisconsin holding that Nordberg, Inc. did not engage in inequitable conduct during the prosecution of U.S. Patent 4,478,373 and finding that the case was not "exceptional" under 35 U.S.C. § 285. Nordberg, Inc. v. Telsmith, Inc., 881 F.Supp. 1252, 36 USPQ2d 1577 (E.D.Wis.1995). Because Telsmith...

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