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ESTEE LAUDER INC., v. L'OREAL, S.A.

No. 96-1512.

129 F.3d 588 (1997)

ESTEE LAUDER INC., Plaintiff-Appellee, v. L'OREAL, S.A., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Gerald J. Flintoft, Pennie & Edmonds, of New York City, argued, for plaintiff-appellee. With him on the brief were Anthony M. Insogna, Thomas G. Rowan, and Clifford E. Wilkins, Jr., of New York City, and Marcia H. Sundeen, of Washington, DC.

Michael R. Slobasky, Jacobson, Price, Holman & Stern, PLLC, of Washington, DC, argued, for defendant-appellant. With him on the brief was D. Douglas Price.

Before MAYER, RADER, and SCHALL, Circuit Judges.

MAYER, Circuit Judge.

L'Oreal, S.A. appeals the judgment of the United States District Court for the District of Columbia, 40 USPQ2d 1425, 1996 WL 679430 (D.D.C.1996), reversing a decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences and awarding Estee Lauder Inc. priority to an invention for sunscreens utilizing a copper compound to boost their Sun Protection Factor. Because the court erred in holding that Estee Lauder...

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