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DIFRANCESCO v. PARTICLE INTERCONNECT CORP.

No. 00CA0601.

39 P.3d 1243 (2001)

Louis DIFRANCESCO, d/b/a Particle Interconnect Research & Development, Inc., Defendant and Third-Party Plaintiff-Appellant, v. PARTICLE INTERCONNECT CORPORATION and Nanopierce Technologies, Inc., Plaintiffs-Appellees, and Intercell Corporation and Paul H. Metzinger, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

December 6, 2001.

Attorney(s) appearing for the Case

Hale Hackstaff Tymkovich & ErkenBrack, L.L.P, Richard W. Daily, Allan L. Hale, Scott A. Hyman, Denver, CO, for Defendant and Third-Party Plaintiff-Appellant.

Caplan and Earnest, L.L.C., Peter M. Hamilton, Colleen A. O'Laughlin, Denver, CO, for Plaintiffs-Appellees and Third-Party Defendant-Appellee Intercell Corporation.

Kirk Holleyman, P.C., Kirk B. Holleyman, Denver, CO, for Third-Party Defendant-Appellee Paul H. Metzinger.

Opinion by Judge DAVIDSON.

Defendant, Louis DiFrancesco, d/b/a Particle Interconnect Research and Development, Inc., appeals from the judgment enforcing a settlement of his patent dispute with Particle Interconnect Corporation (PIC), Nanopierce Technologies, Inc. (NTI), Intercell Corporation, and Paul Metzinger (collectively, plaintiffs). We reverse and remand.

This lawsuit concerns technology patented by defendant. In 1996, defendant merged his wholly-owned...

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