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YOON JA KIM v. CONAGRA FOODS, INC.

Nos. 05-1414, 05-1420.

465 F.3d 1312 (2006)

YOON JA KIM, Plaintiff-Appellant, v. CONAGRA FOODS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 17, 2006.

Attorney(s) appearing for the Case

Dean A. Pelletier, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for plaintiff-appellant. With him on the brief were James P. Murphy and Jonathan M. Rushman.

Robert A. Schroeder, Bingham McCutchen LLP, of Los Angeles, CA, argued for defendant-cross appellant. With him on the brief was Kevin K. Leung. Of counsel were Robert C. Horton, and John P. Passarelli, McGrath North Mullin & Kratz, PC LLO, of Omaha, Nebraska.

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge SCHALL.

DYK, Circuit Judge.

Yoon Ja Kim, the holder of U.S. Patent No. Re. 36,355 ("the '355 patent"), appeals from the district court's judgment of noninfringement of claim 5 and its dependent claims and claim 10 in favor of ConAgra Foods, Inc. ("ConAgra"). ConAgra cross-appeals from the district court's judgment that the patent claims are not invalid. We affirm in all respects.

BACKGROUND

The patent in this case relates to breadmaking. Oxidizing...

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