No. 2011-1044.

665 F.3d 1269 (2012)

STRECK, INC., Plaintiff-Appellee, v. RESEARCH & DIAGNOSTIC SYSTEMS, INC. and Techne Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

January 10, 2012.

Attorney(s) appearing for the Case

Floyd R. Nation , Winston & Strawn LLP, of Houston, TX, argued for plaintiff-appellee. With him on the brief was Merritt D. Westcott . Of counsel on the brief was Richard L. Stanley , of Houston, TX.

Kurt J. Niederluecke , Fredrikson & Byron, P.A., of Minneapolis, MN, argued for defendants-appellants. With him on the brief was Grant D. Fairbairn . Of counsel on the brief was Martin M. Zoltick , Rothwell, Figg, Ernst & Manbeck, of Washington, DC.

Before NEWMAN, O'MALLEY, and REYNA, Circuit Judges.

O'MALLEY, Circuit Judge.

In this patent case, Streck, Inc. ("Streck") filed suit against Research & Diagnostic Systems, Inc. and Techne Corporation (collectively, "R & D") in the United States District Court for the District of Nebraska alleging that R&D infringed three of Streck's patents for hematology control technology: U.S. Patent Nos. 6,200,500 ("the '500 Patent"), 6,221,668 ("the '668 Patent"), and 6,399,388 ("the '388 Patent") (collectively, "the...

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