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BIOPOLYMER ENGINEERING v. IMMUDYNE, INC.

Nos. 04-07-00689-CV, 04-08-00372-CV.

304 S.W.3d 429 (2009)

BIOPOLYMER ENGINEERING, INC. d/b/a Biothera, Appellant, v. IMMUDYNE, INC., A Delaware Corporation, Appellee.

Court of Appeals of Texas, San Antonio.

June 17, 2009.

Attorney(s) appearing for the Case

Christopher C. Rulon, Bracewell & Giuliani L.L.P., San Antonio, TX, Grant D. Fairbairn, Darren B. Schwiebert, Lora Mitchell Friedemann, Fredrikson & Byron, P.A., Minneapolis, MN, Jeffrey L. Oldham, Warren W. Harris, Bracewell & Patterson, L.L.P., Houston, TX, for Appellant.

John R. Strawn, Jr., Stephen R. Bailey, Victoria Skinner, Cruse Scott Henderson & Allen, L.L.P., Houston, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from a summary judgment and a declaratory judgment in favor of appellee. We reverse, in part, the summary judgment and remand for further consideration. We also reverse, in part, the declaratory judgment and remand for further consideration. In all other respects, we affirm both judgments.

BACKGROUND

The underlying declaratory judgment action involves seven patents: (1...

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