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WINDSURFING INTERN. INC. v. AMF, INC.

Appeal Nos. 85-2808, 85-2809, 85-2835, 85-2836, 86-514 and 86-548.

782 F.2d 995 (1986)

WINDSURFING INTERNATIONAL, INC., Appellees, v. AMF, INCORPORATED, Appellant. BIC LEISURE PRODUCTS, INC., Windglider Fred Ostermann, GmbH, Appellants/Cross-Appellees, v. WINDSURFING INTERNATIONAL, INC., Appellee/Cross-Appellant. WINDSURFING INTERNATIONAL, INC., Cross-Appellant/Appellee, v. FRED OSTERMANN GMBH, Amf, Inc., Downwind Corp., and Freeboard Sailing, Inc., Cross-Appellees/Appellants.

United States Court of Appeals, Federal Circuit.

January 28, 1986.

Attorney(s) appearing for the Case

David H. Badger, Willian, Brinks, Olds, Hofer, Gilson & Lione, Indianapolis, Ind., argued for appellant AMF, Inc.

Thomas F. Reddy, Jr., Pennie & Edmonds, of New York City, argued for appellant/cross-appellee BIC Leisure Products, Inc. With him on the brief were Joseph V. Colaianni, Pennie & Edmonds, Washington, D.C., and Brian M. Poissant, Pennie & Edmonds, New York City.

Harold E. Wurst, Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., argued for appellee/cross-appellant Windsurfing Intern., Inc. With him on the brief was David R. Francescani, Darby & Darby, New York City.

Pasquale A. Razzano, Curtis, Morris & Safford, P.C., New York City, was on the brief for Downwind Corp.

Before MARKEY, Chief Judge, SMITH and NEWMAN, Circuit Judges.

MARKEY, Chief Judge.

Consolidated appeal from two judgments of the United States District Court for the Southern District of New York: (1) holding claims 15-21 of Windsurfing International's (WSI's) U.S. Patent Re. 31,167 (`167 patent) valid and infringed; (2) holding that WSI had misused the patent; (3) enjoining AMF, Inc. (AMF), BIC Leisure Products, Inc., and Windglider Fred Ostermann, GmbH (BIC); and (4) refusing to enjoin infringing defendant Downwind Corp. ...

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