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MINTON v. NATIONAL ASS'N. OF SECURITIES DEALERS

No. 02-1560.

336 F.3d 1373 (2003)

Vernon F. MINTON, Plaintiff-Appellant, v. NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. and The Nasdaq Stock Market, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 29, 2003.

Attorney(s) appearing for the Case

Peter L. Brewer, Moser, Patterson & Sheridan, LLP, of Houston, TX, argued for plaintiff-appellant. On the brief was Jerry W. Gunn, Law Office of Jerry W. Gunn, of Houston, TX.

Randall L. Sarosdy, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of Austin, Texas, argued for defendants-appellees. With him on the brief was Gregory C. Mathis. Of counsel on the brief were Daniel Joseph and Beth H. Wilensky, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of Washington, DC.

Before LOURIE, GAJARSA, and LINN, Circuit Judges.

Opinion of the court filed by Circuit Judge LOURIE; Concurring opinion filed by Circuit Judge GAJARSA.

LOURIE, Circuit Judge.

Vernon F. Minton appeals from the final decision of the United States District Court for the Eastern District of Texas granting summary judgment that Minton's U.S. Patent 6,014,643 is invalid under 35 U.S.C. § 102(b) because it claims subject matter that was on sale more than one year prior to the filing of his patent application...

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