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MEDICHEM, S.A. v. ROLABO, S.L.

No. 05-1179, 05-1248.

437 F.3d 1157 (2006)

MEDICHEM, S.A., Plaintiff-Appellee, v. ROLABO, S.L., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 3, 2006.

Attorney(s) appearing for the Case

John G. Taylor, Frommer Lawrence & Haug LLP, of New York, New York, argued for plaintiff-appellee. With him on the brief were Barry S. White and James K. Stronski.

Thomas P. Heneghan, Michael Best & Friedrich LLP, of Madison, Wisconsin, argued for defendant-appellant. With him on the brief were Jeffrey S. Ward and Charlene L. Yager.

Before SCHALL, GAJARSA, DYK, Circuit Judges.

GAJARSA, Circuit Judge.

This is the second round of a protracted litigation to establish priority of invention between Stampa et al.'s U.S. Patent No. 6,084,100 ("the '100 patent"), assigned to Medichem, S.A. ("Medichem"), and Jackson's U.S. Patent No. 6,093,827 ("the '827 patent"), assigned to Rolabo, S.L. ("Rolabo"). In the first round appealed to this court, we remanded to the district court, requiring it to establish an interference-in-fact under 35 U.S.C. §...

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