REXAM INDUSTRIES CORP., Plaintiff-Appellant,
v.
EASTMAN KODAK COMPANY Defendant-Appellee and
Avery Dennison Corporation, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 16, 1999.
July 16, 1999.
Attorney(s) appearing for the Case
William M. Atkinson, The Bell Seltzer Intellectual Property Law Group of Alston & Bird LLP, of Charlotte, North Carolina, argued for plaintiff-appellant. With him on the brief were Charles B. Park, III, and John J. Barnhardt, III.
Richard D. Rochford, Jr., Nixon, Hargrave, Devans, & Doyle LLP, of Rochester, New York, argued for defendant-appellee, Eastman Kodak Company. Of counsel on the brief was Michael L. Goldman.
Roderick G. Dorman, O'Melveny & Meyers LLP, of Los Angeles, California, argued for defendant-appellee, Avery Dennison Corporation. With him on the brief was Mark C. Scarsi. Of counsel on the brief was John D. Carpenter, Christie, Parker & Hale LLP, of Pasadena, California.
Before RICH, NEWMAN, and LOURIE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
LOURIE, Circuit Judge.
This case comes to us on certification of two questions by the United States District Court for the Western District of North Carolina, Civil Action No. 95-CV-62, in an interference case. The district court certified the following questions for appeal:
1. Can a patent applicant that prevails in an interference before the Board of Patent Appeals and Interferences based only on the constructive reduction to practice represented by its...
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