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Federal Circuit Agrees ConAgra Obtained Patent By Fraud, But Sets Aside Antitrust Award

Law360 (July 19, 2004, 12:00 AM EDT) -- The Federal Circuit has upheld a lower court’s decision to invalidate a cooking patent held by ConAgra, but set aside a related $18 million antitrust award determined by the district court jury.

The U.S. Court of Appeals for the Federal Circuit agreed with a district-court jury verdict that ConAgra fraudulently obtained a patent for meat browning, knowing the same process was on sale and in public use by rival Unitherm earlier.

The court applied its own law to decide that ConAgra’s behavior stripped it of antitrust...
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