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AVID IDENTIFICATION SYSTEMS v. CRYSTAL IMPORT

Nos. 2009-1216, 2009-1254.

603 F.3d 967 (2010)

AVID IDENTIFICATION SYSTEMS, INC., Plaintiff-Appellant, v. The CRYSTAL IMPORT CORPORATION, Datamars SA and Datamars, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

April 27, 2010.

Attorney(s) appearing for the Case

John W. Thornburgh, Fish & Richardson P.C., of San Diego, CA, for plaintiff-appellant. With him on the brief were Juanita R. Brooks, Roger A. Denning, and Michael A. Amon.

K.T. Cherian, Howrey LLP, of San Francisco, CA, for amicus curiae Allflex USA, Inc. With him on the brief were Ronald S. Wynn; and Richard L. Stanley, of Houston, TX.

Opinion for the Court filed by Circuit Judge PROST. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

PROST, Circuit Judge.

Avid Identification Systems Inc. ("Avid") brought suit against Datamars SA and its subsidiary Crystal Import Corporation (collectively "Datamars") alleging infringement of Avid's U.S. Patent No. 5,235,326 ("the '326 patent") directed to a multi-mode radio-frequency identification system for reading encoded biocompatible chips. The patent was found valid and infringed, but held to be unenforceable for inequitable conduct. This appeal challenges...

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