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KEMIN FOODS v. PIGMENTOS VEGETALES DEL CENTRO

Nos. 05-1479, 05-1480, 06-1002.

464 F.3d 1339 (2006)

KEMIN FOODS, L.C., and THE CATHOLIC UNIVERSITY OF AMERICA, Plaintiffs-Cross Appellants, v. PIGMENTOS VEGETALES DEL CENTRO S.A. DE C.V., Defendant-Appellant. KEMIN FOODS, L.C., and The Catholic University of America, Plaintiffs-Appellees, v. Pigmentos Vegetales Del Centro S.A. De C.V., Defendant-Appellant. Kemin Foods, L.C., and The Catholic University of America, Plaintiffs-Cross Appellants, v. Pigmentos Vegetales Del Centro S.A. De C.V., Defendant-Appellant. Kemin Foods, L.C., and The Catholic University of America, Plaintiffs-Appellees, v. Pigmentos Vegetales Del Centro S.A. De C.V., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 25, 2006.

Attorney(s) appearing for the Case

Susan K. Knoll, Howrey LLP, of Houston, TX, argued for Kemin Foods, L.C., et al. With her on the brief were Richard L. Stanley and Scott W. Clark.

Michael A. Dee, Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, PLC, of West Des Moines, IA, argued for Pigmentos Vegetales Del Centro S.A. De C.V. With him on the brief was Camille L. Urban.

Before NEWMAN, MAYER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

I. Background

This litigation began when Kemin Foods, L.C., and The Catholic University of America filed a patent infringement suit against Pigmentos Vegetales del Centro S.A. de C.V. ("PIVEG"), alleging infringement of two patents. PIVEG counterclaimed, seeking a declaratory judgment that the two patents were invalid and unenforceable. PIVEG also filed counterclaims alleging unfair competition and antitrust violations. The unfair...

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