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XITRONIX CORP. v. KLA-TENCOR CORP.

No. 18-50114.

916 F.3d 429 (2019)

XITRONIX CORPORATION, Plaintiff-Appellant v. KLA-TENCOR CORPORATION, Doing Business As KLA-Tencor, Incorporated, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED February 15, 2019.

Attorney(s) appearing for the Case

Michael S. Truesdale, Esq. , Enoch Kever, P.L.L.C., Austin, TX, James Steven Hershberger , Steve Hershberger , Attorney at Law, Midland, TX, for Plaintiff-Appellant.

Aaron Gabriel Fountain , Brian K. Erickson , John Michael Guaragna, Jr. , DLA Piper, L.L.P. (US), Austin, TX, for Defendant-Appellee.

Before JOLLY, DENNIS, and HIGGINSON, Circuit Judges.

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation's claim that KLA-Tencor Corporation violated the Sherman Act's prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office ("PTO"). What must first be decided, however, is whether...

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