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BURKE, INC. v. BRUNO INDEPENDENT LIVING AIDS, INC.

No. 97-1273.

183 F.3d 1334 (1999)

BURKE, INC., Plaintiff-Appellant, v. BRUNO INDEPENDENT LIVING AIDS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 2, 1999.

Attorney(s) appearing for the Case

James H. Wallace, Jr., Wiley, Rein & Fielding, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Andrew S. Krulwich and Michael L. Sturm.

C. Thomas Sylke, Foley & Lardner, of Milwaukee, Wisconsin, argued for defendant-appellee. With him on the brief was Lawrence M. Sung, Foley & Lardner, of Washington, DC.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

ARCHER, Senior Circuit Judge.

DECISION

Burke, Inc. (Burke) appeals from the March 6, 1997 summary judgment of the United States District Court for the Eastern District of Wisconsin1 holding that the defendant, Bruno Independent Living Aids, Inc. (Bruno) did not infringe United States Patent No. 4,570,739 (739 patent). We vacate the judgment and remand for further proceedings.

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