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DH TECHNOLOGY, INC. v. SYNERGYSTEX INTERN., INC.

No. C-92-3307.

937 F.Supp. 902 (1996)

DH TECHNOLOGY, INC., Plaintiff, v. SYNERGYSTEX INTERNATIONAL, INC., Defendant.

United States District Court, N.D. California.

August 7, 1996.

Attorney(s) appearing for the Case

Peter Detkin, Michael Ladra, James Otteson, Kenneth Wilson, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA, for Plaintiff.

Kevin Keogh, Conway, Marken Wyner, Kurant & Kern Co., Cleveland, OH, Gregory Wood, Merchant, Gould, Smith, Edell, Welter & Schmidt, Los Angeles, CA, for Defendant.

OPINION AND ORDER

ORRICK, District Judge.

In this action, plaintiff DH Technology, Inc. ("DHT") sues defendant Synergystex International, Inc. ("Synergystex") for patent infringement. The parties have both moved for summary judgment on the issue of whether United States Patent 5,115,493 (the "'493 patent") is unenforceable because of DHT's inequitable conduct in fraudulently paying a small entity issue fee. For the reasons hereinafter set forth, the Court...

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