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PPG INDUSTRIES v. CELANESE POLYMER SPECIALTIES CO.

No. 87-1437.

840 F.2d 1565 (1988)

PPG INDUSTRIES, INC., Plaintiff-Appellee, v. CELANESE POLYMER SPECIALTIES CO., INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 3, 1988.

Attorney(s) appearing for the Case

Edward M. O'Toole, Marshall, O'Toole, Gerstein, Murray & Bicknell, Chicago, Ill., argued, for plaintiff-appellee.

Herbert Schwartz, Fish & Neave, New York City, argued, for defendant-appellant. With him on the brief were Patricia A. Martone and Ron E. Shulman. Also on the brief were John T. Ballantine, Ogden & Robertson, Louisville, Ky. and Andrew F. Sayko, Jr., Celanese Specialty Operations, Chatham, N.J., of counsel.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

Celanese Polymer Specialties Co., Inc. (Celanese) appeals that portion of the district court's order, PPG Industries v. Celanese Polymer Specialties Co., 658 F.Supp. 555, 3 USPQ2d 1683 (W.D.Ky.1987), which awarded Celanese attorney fees for less than the amount it sought. We reverse and remand.

BACKGROUND

PPG Industries, Inc. (PPG), as assignee, sued Celanese for infringement of...

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