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MSM INVESTMENTS CO. v. CAROLWOOD CORP.

No. 00-1092

259 F.3d 1335 (2001)

Msm Investments Company, LLC, Plaintiff-Appellant, v. Carolwood Corporation, G. Rex Bailey, Stephen J. Locke, and Vidot Enterprises, Inc. and John Turner, Defendants, and Tri Medica International, Inc., Natural Balance, Inc. (doing business as Pep Products, Inc.), and Nurgetics, Inc. (doing business as Bio Synergy Neutraceuticals), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED August 9, 2001

Attorney(s) appearing for the Case

William A. Birdwell, Birdwell, Janke & Durando, PLC, of Portland, Oregon, argued for plaintiff-appellant. With him on the brief was Allen Field. Of counsel on the brief were Jeffrey M. Batchelor, Jeffrey M. Batchelor, P.C., of Portland, Oregon; and Bruce S. Osterman, of San Francisco, California.

Michael T. Platt, Patton Boggs LLP, of Washington, DC, argued for defendants-appellees. With him on the brief was Andrew M. Friedman.

Before MICHEL, LOURIE, and LINN, .

LOURIE, Circuit Judge.

MSM Investments Company, LLC appeals from the decision of the United States District Court for the Northern District of California granting Nurgetics, Inc.'s motion for summary judgment that the claims of U.S. Patent 5,071,878 are invalid under 35 U.S.C. § 102(b). MSM Invs. Co. v. Carolwood Corp., 70 F.Supp.2d 1044 (N.D.Cal.1999) (order granting defendants' motion for...

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