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KEY PHARMACEUTICALS v. HERCON LABORATORIES CORP.

Nos. 98-1067, 98-1180.

161 F.3d 709 (1998)

KEY PHARMACEUTICALS, Plaintiff-Appellee, v. HERCON LABORATORIES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 8, 1999.

Attorney(s) appearing for the Case

John O. Tramontine, Fish & Neave, New York, New York, argued for plaintiff-appellee. With him on the brief were Duane-David Hough, Thomas J. Vetter, and Thomas P. Burke.

Kenneth R. Adamo, Jones, Day, Reavis & Pogue, Cleveland, Ohio, argued for defendant-appellant. With him on the brief were Gregory A. Castanias and Blaney Harper, Washington, DC. Of counsel on the brief were Bruce M. Schloss, Health-chem Corp., New York, New York; Sheldon I. Landsman, Sughrue Mion Zinn Macpeak & Seas, PLLC, Washington, DC; and Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunell, Wilmington, Delaware.

Before MAYER, Chief Judge, PLAGER and CLEVENGER, Circuit Judges.

PLAGER, Circuit Judge.

This is an appeal from a patent infringement action in which Key Pharmaceuticals, Inc. ("Key") charged Hercon Laboratories Corporation ("Hercon") with infringement of its U.S. Patent No. 5,186,938 ("'938 patent" or "the patent"). Hercon, in addition to denying infringement, counterclaimed that the patent is invalid and unenforceable. Following a bench trial, the United States District Court for the District of Delaware concluded that Hercon...

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