Zumbro, Inc. v. Merck & Co.

ORDER

NORGLE, District Judge.

Before the court is Magistrate Judge Rebecca R. Pallmeyer's 83-page Report and Recommendation (the “Report”), dated November 13, 1992, which recommends: (1) granting Merck’s motion for summary judgment asserting that all claims of Zumbro’s patent are invalid on account of the inventors’ failure to comply with the best mode requirement of 35 U.S.C. § 112; (2) or alternatively, granting Merck’s motion for summary judgment asserting that all claims of Zumbro’s patent are invalid on account of the inventors’ pre-critical date commercial activity (the Unifiber sale)…