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GENTRY GALLERY, INC. v. BERKLINE CORP.

Nos. 97-1076, 97-1104 and 97-1182.

134 F.3d 1473 (1998)

The GENTRY GALLERY, INC., Plaintiff-Appellant, v. The BERKLINE CORPORATION, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion For Rehearing Declined April 3, 1998.

Attorney(s) appearing for the Case

James J. Foster, Wolf, Greenfield & Sacks, P.C., Boston, MA, argued for plaintiff-appellant. With him on the brief was Douglas R. Wolf.

Ronald L. Engel, Rudnick & Wolfe, Chicago, IL, argued for defendant-cross appellant. With him on the brief was Richard A. Machonkin. Of counsel on the brief was David D. Kaufman, Hamman & Benn, Chicago, IL.

Before RICH, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Rehearing Denied; Suggestion For Rehearing In Banc Declined April 3, 1998.

LOURIE, Circuit Judge.

The Gentry Gallery appeals from the judgment of the United States District Court for the District of Massachusetts holding that the Berkline Corporation does not infringe U.S. Patent 5,064,244, and declining to award attorney fees for Gentry's defense to Berkline's assertion that the patent was unenforceable. See Gentry Gallery, Inc. v. Berkline Corp.,...

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