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KRAFT FOODS, INC. v. INTERNATIONAL TRADING CO.

No. 99-1240.

203 F.3d 1362 (2000)

KRAFT FOODS, INC., Plaintiff-Appellant, v. INTERNATIONAL TRADING COMPANY and Houston Processing Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 14, 2000.

Attorney(s) appearing for the Case

James M. Amend, Kirkland & Ellis, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Kevin H. Rhodes and Garret A. Leach.

Jeffrey S. Ward, Lathrop & Clark, LLP, of Madison, Wisconsin, argued for defendants-appellees. With him on the brief were Theodore J. Long, Kenneth B. Axe, and Jeffry W. Smith.

Before MICHEL, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.

MICHEL, Circuit Judge.

On July 13, 1998, Kraft Foods, Inc. ("Kraft") sued International Trading Company and Houston Processing Ltd. (collectively, "ITC") in the United States District Court for the Western District of Wisconsin, alleging infringement of its U.S. Patent No. 5,657,873 ("the '873 patent"). On January 14, 1999, the district court granted ITC's motion for summary judgment of no literal infringement and no infringement under the doctrine of equivalents...

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