Ball Corporation, Plaintiff-Appellant/cross-Appellee v. Xidex Corporation and Dysan Corporation, Defendants-Appellees/cross-Appellants
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McKAY, Chief Judge.
Ball Corporation, a research and development company, brought this tort action against Xidex Corporation and Dysan Cor poration (collectively Xidex), 2 manufacturers of computer disks. The complaint alleges that Xidex damaged Ball by making false statements and withholding material evidence during a reexamination proceeding in the United States Patent and Trademark Office (PTO). Ball alleges that Xi-dex’ actions caused the PTO to revoke lucrative patent claims held by Ball for fourteen years. After trial on the merits, the district court dismissed Ball’s action. Ball now…
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