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DH TECHNOLOGY, INC. v. SYNERGYSTEX INTERN., INC.

Nos. 97-1128, 97-1280 and 97-1453.

154 F.3d 1333 (1998)

DH TECHNOLOGY, INC. (now Axiohm Transaction Solutions, Inc.), Plaintiff-Appellant, v. SYNERGYSTEX INTERNATIONAL, INC., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

September 1, 1998.

Attorney(s) appearing for the Case

Kenneth B. Wilson, Wilson Sonsini Goodrich & Rosati, of Palo Alto, California, argued for plaintiff-appellant. Of counsel on the brief were Vera M. Elson and Jennifer A. Ochs.

Gregory B. Wood, Merchant, Gould, Smith, Edell, Welter & Schmidt, Los Angeles, California, argued for defendant/cross-appellant. With him on the brief was Albert F. Davis. Of counsel was Jai Ho Rho.

Before NEWMAN, PLAGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

DH Technology, Inc. ("DHT") appeals from the decision of the United States District Court for the Northern District of California holding, on summary judgment in DHT's suit for patent infringement against Synergystex International, Inc. ("Synergystex"), that U.S. Patent No. 5,115,493 ("the '493 patent") is unenforceable because DHT incorrectly paid the small entity issue fee and because the statutorily-permitted time for correcting the error...

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