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NOBELPHARMA AB v. IMPLANT INNOVATIONS INC.

No. 96-1463.

129 F.3d 1463 (1997)

NOBELPHARMA AB, Plaintiff/Counterclaim Defendant-Appellant, and Nobelpharma USA, Inc., Counterclaim Defendant-Appellant, and Per Ingvar Branemark and Institute For Applied Biotechnology, Counterclaim Defendants, v. IMPLANT INNOVATIONS, INC., Defendant Counterclaimant-Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 1997.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Barabow, Garrett & Dunner, L.L.P., Washington, DC, argued for plaintiff/counterclaim defendant-appellant and counterclaim defendant-appellant. With him on the brief were Robert D. Bajefsky and David A. Manspeizer. Of counsel on the brief were Robert A. Bourque, Kathleen M. Scanlon, and Lawrence M. Young, Simpson, Thacher & Bartlett, New York City, and Alan I. Becker, Burditt & Radzius, Chartered, Chicago, IL.

D. Dennis Allegretti, Burns & Levinson, LLP, Boston, MA, argued for the defendant counterclaimant-appellee. With him on the brief were Stephen G. Rudisill, Arnold, White & Durkee, and Edward L. Foote and Peter C. McCabe, III, Winston & Strawn, Chicago, IL.

Before RICH, PLAGER, and LOURIE, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Concurring-in-part and dissenting-in-part opinion filed by Circuit Judge PLAGER.

LOURIE, Circuit Judge.

Nobelpharma AB and Nobelpharma USA, Inc. (collectively, NP) appeal from the judgment of the United States District Court for the Northern District of Illinois holding that (1) U.S. Patent 4,330,891 is invalid under 35 U.S.C. § 112, ¶ 1 (1994), for failure to disclose the best mode of carrying...

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