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LAZARE KAPLAN INTERN. v. PHOTOSCRIBE TECHNOLOGIES

No. 2012-1247.

714 F.3d 1289 (2013)

LAZARE KAPLAN INTERNATIONAL, INC., Plaintiff-Appellant, v. PHOTOSCRIBE TECHNOLOGIES, INC. and Gemological Institute Of America, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 19, 2013.

Attorney(s) appearing for the Case

Deanne E. Maynard , Morrison & Foerster, LLP, of Washington, DC, argued for plaintiff-appellant. With her on the brief were Marc A. Hearron and Natalie R. Ram ; Harold J. McElhinny , of San Francisco, CA; James E. Hough , of New York, NY.

John Allcock , DLA Piper, LLP, of San Diego, CA, argued for defendants-appellees. With him on the brief were Nancy O. Dix and Stanley J. Panikowski . Of counsel was John David Kinton .

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge DYK.

LOURIE, Circuit Judge.

Lazare Kaplan International, Inc. ("Lazare Kaplan") appeals from the order of the United States District Court for the Southern District of New York granting summary judgment of invalidity of claims 1 and 7 of U.S. Patent 6,476,351 (the "'351 patent") and granting a motion under Federal Rule of Civil Procedure 60(b) filed by Photoscribe Technologies, Inc. and the Gemological Institute of America (collectively "Photoscribe") seeking to vacate...

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