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STRECK, INC. v. RESEARCH & DIAGNOSTIC SYSTEMS

No. 8:09CV410.

744 F.Supp.2d 970 (2010)

STRECK, INC., a Nebraska corporation, Plaintiff, v. RESEARCH & DIAGNOSTIC SYSTEMS, INC., a Minnesota corporation, Defendant.

United States District Court, D. Nebraska.

September 30, 2010.

Attorney(s) appearing for the Case

Floyd R. Nation , Merritt D. Westcott , Howrey Law Firm, Houston, TX, Michael L. Schleich , Fraser, Stryker Law Firm, Omaha, NE, for Plaintiff.

Grant D. Fairbairn , Kurt J. Niederluecke , Laura L. Myers , Fredrikson, Byron Law Firm, Minneapolis, MN, Jill R. Ackerman , Lindsay K. Lundholm , Baird, Holm Law Firm, Omaha, NE, Martin M. Zoltick , Rothwell, Figg Law Firm, Washington, DC, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOSEPH F. BATAILLON, Chief Judge.

This matter is before the court on Streck's appeal of a decision of the United States Patent and Trademark Office ("PTO"), Board of Patent Appeals and Interferences ("the Board") in Patent Interference No. 105,522 ("the Interference Action") under 35 U.S.C. § 146. The Board ruled in favor of defendant Research & Diagnostic Systems, Inc. ("R & D") on the issue of priority...

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