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BAYER AG v. CARLSBAD TECHNOLOGY, INC.

No. 02-1077.

298 F.3d 1377 (2002)

BAYER AG and Bayer Corporation, Plaintiffs-Appellees, v. CARLSBAD TECHNOLOGY, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied September 23, 2002.

Attorney(s) appearing for the Case

Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott, of Chicago, IL, argued for plaintiffs-appellees. With him on the brief were Mark L. Levine and Sean W. Gallagher. Of counsel on the brief were Charles W. Bradley and Stanley L. Amberg, Orrick, Herrington & Sutcliffe LLP, of New York, NY. Also of counsel on the brief were Bruce R. Genderson, Margaret A. Keeley, and Aaron P. Maurer, Williams & Connolly LLP, of Washington, DC.

Gary M. Hnath, Venable, Baetjer, Howard & Civiletti, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief was Fei-Fei Chao.

Before RADER, GAJARSA, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 23, 2002.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Southern District of California held that the expiration date of U.S. Patent No. 4,670,444 (the '444 patent) is December 9, 2003. Because the district court correctly concluded as a matter of law that the disclaimed term of the '444 patent was "due to" U.S. Patent No. 4,544,658, whose expiration date the Uruguay Round...

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