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CATALINA MARKETING INTERN. v. COOLSAVINGS.COM

No. 01-1324.

289 F.3d 801 (2002)

CATALINA MARKETING INTERNATIONAL, INC., Plaintiff-Appellant, v. COOLSAVINGS.COM, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 8, 2002.

Attorney(s) appearing for the Case

Steven Z. Szczepanski, Jenkens & Gilchrist, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Mary Jo Boldingh, Russell J. Genet, and Michael K. Nutter.

Dean D. Niro, Niro, Scavone, Haller & Niro, of Chicago, IL, argued for defendant-appellee. With him on the brief were Thomas G. Scavone and Christopher J. Lee.

Before MAYER, Chief Judge, RADER, and PROST, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Northern District of Illinois held that Coolsavings.com, Inc. (Coolsavings) did not infringe, either literally or by equivalents, the claims of Catalina Marketing International, Inc.'s (Catalina's) U.S. Patent No. 4,674,041 (the '041 patent). Catalina Mktg. Int'l, Inc. v. Coolsavings.com, Inc., No. 00C 2447, slip op. at 6-7, 2001 WL 300235 (N.D.Ill. Mar. 28, 2001). In the alternative...

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