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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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