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ELK CORP. OF DALLAS v. GAF BLDG. MATERIALS CORP.

No. 98-1369.

168 F.3d 28 (1999)

ELK CORPORATION OF DALLAS, Plaintiff-Appellant, v. GAF BUILDING MATERIALS CORPORATION, Building Materials Corporation of America, Building Materials Corporation of America d/b/a GAF Materials Corporation, and GAF Materials Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined April 16, 1999.

Attorney(s) appearing for the Case

John D. Murnane, Baker & Botts, L.L.P., of New York, New York, argued for plaintiff-appellant. With him on the brief were Arthur S. Tenser, Robert Neuner and Neil P. Sirota. Also on the brief was Larry D. Carlson, Baker & Botts, L.L.P., of Dallas, Texas.

Samuel D. Rosen, Paul, Hastings, Janofsky & Walker, of New York, New York, argued for defendants-appellees. With him on the brief was Brendan J. O'Rourke. Also on the brief was Charles A. Gall, Jenkins & Gilchrist, of Dallas, Texas.

Before MICHEL, PLAGER, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined April 16, 1999.

PLAGER, Circuit Judge.

The question in this design patent case is whether U.S. Patent No. Des. 344,144 (the '144 patent) is unenforceable due to inequitable conduct in its prosecution. The district court so held.1 Because the district court did not abuse its discretion in holding the '144 patent unenforceable, we affirm.

BACKGROUND

Elk...

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