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KEMCO SALES, INC. v. CONTROL PAPERS CO., INC.

No. 99-1349.

208 F.3d 1352 (2000)

KEMCO SALES, INC. and Kenneth R. Makowka, Plaintiffs-Appellants, v. CONTROL PAPERS COMPANY, INC., Amko Plastics, Inc., and Regal Envelope (also known as Poly-Pac Industries), Defendants-Appellees,

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 15, 2000

Attorney(s) appearing for the Case

Timothy Robert Dewitt, Arnold & Porter, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Christopher F. Winters.

Peter L. Berger, Levisohn, Lerner, Berger & Langsam, of New York, New York, argued for defendants-appellees. With him on the brief was Barry E. Negrin. Of counsel on the brief was Edward Dreyfus, Stranger & Dreyfus, of Mountainside, New Jersey.

Before PLAGER, LOURIE, and CLEVENGER, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 15, 2000

LOURIE, Circuit Judge.

Kemco Sales, Inc. and Kenneth R. Makowka (collectively "Kemco") appeal from the decision of the United States District Court for the District of New Jersey granting Control Papers Company, Inc.'s motion for partial summary judgment that it does not infringe claim 27 of U.S. Patent 5,405,197, either literally or under the doctrine of equivalents, and denying Kemco's corresponding cross...

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