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ATLANTIC THERMOPLASTICS CO., INC. v. FAYTEX CORP.

Nos. 91-1076, 91-1095.

970 F.2d 834 (1992)

ATLANTIC THERMOPLASTICS CO., INC., James B. Sullivan and Richard B. Fox, Plaintiffs-Appellants, v. FAYTEX CORPORATION, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

July 13, 1992.

Attorney(s) appearing for the Case

Jack R. Pirozzolo, Willcox, Pirozzolo & McCarthy, Boston, Mass., argued for plaintiffs-appellants. With him on the brief was Richard L. Binder.

Anthony M. Lorusso, Lorusso & Loud, of Boston, Mass., argued for defendant/cross-appellant. With him on the brief was Thomas M. Sanders. Of counsel were John F. Bomster, Alder, Pollock & Sheehan, Inc., Providence, R.I. and George A. Loud, Arlington, Va.

Before ARCHER, MICHEL, and RADER, Circuit Judges.

Rehearing In Banc Denied.

RADER, Circuit Judge.

Atlantic Thermoplastics owns U.S. Patent No. 4,674,204 ('204 patent) entitled "Shock Absorbing Innersole and Method of Preparing Same." Atlantic sued Faytex Corporation1 for infringing the '204 patented process with innersoles manufactured by two separate processes. After a bench trial, the United States District Court for the District of Massachusetts held that Faytex infringed the...

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