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CREATIVE COMPOUNDS, LLC v. STARMARK LABORATORIES

No. 2010-1445.

651 F.3d 1303 (2011)

CREATIVE COMPOUNDS, LLC, Plaintiff-Appellant, v. STARMARK LABORATORIES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied August 25, 2011.

Attorney(s) appearing for the Case

Matthew A. Rosenberg, Law Offices of Matthew Rosenberg, LLC, of St. Louis, MO, argued for plaintiff-appellant.

Frederick A. Tecce, McShea Tecce, P.C., of Philadelphia, PA, argued for defendant-appellee.

Before RADER, Chief Judge, CLEVENGER and LINN, Circuit Judges.

LINN, Circuit Judge.

Creative Compounds, LLC ("Creative") filed a complaint with the U.S. District Court for the Southern District of Florida against Starmark Laboratories ("Starmark") seeking a declaratory judgment that Starmark's patent, U.S. Patent No. 7,109,373 (the "'373 Patent"), is invalid and not infringed. Starmark, in its Answer, alleged infringement of the '373 patent and sought a declaration that Creative's patent, U.S. Patent No. 7,129,273 (the "'273...

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