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CABINET VISION v. CABNETWARE

No. 96-1420.

129 F.3d 595 (1997)

CABINET VISION and Larry Cornwell, Plaintiffs-Appellants, v. CABNETWARE, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 10, 1997.

Attorney(s) appearing for the Case

John Allcock, Gray, Cary, Ware & Freidenrich, San Diego, CA, argued for plaintiffs-appellants. Of counsel on the brief was Cathy Ann Bencivengo.

Chris Gibson, Boutin, Dentino, Gibson & Di Giusto, Sacramento, CA, argued for defendant-appellee. Of counsel on the brief was Mark P. Grajski. Of counsel was R. Michael West, Lothrop & West, Sacramento, CA.

Before MAYER, RADER, and BRYSON, Circuit Judges.

MAYER, Circuit Judge

Cabinet Vision and Larry Cornwell appeal the judgment of the United States District Court for the Southern District of California, 94-CV-62, holding unenforceable United States Patent No. 5,255,207 for inequitable conduct during prosecution of the patent before the Patent and Trademark Office. Because the district court erred in holding that the jury's factual findings on inequitable conduct were advisory...

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