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FORT JAMES CORP. v. SOLO CUP CO.

No. 04-1365.

412 F.3d 1340 (2005)

FORT JAMES CORPORATION, Plaintiff-Appellee, v. SOLO CUP COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 22, 2005.

Attorney(s) appearing for the Case

Russell E. Levine, Kirkland & Ellis LLP, of Chicago, Illinois, argued for plaintiff-appellee. With him on the brief was Christopher R. Liro.

Bradley F. Rademaker, Wallenstein Wagner & Rockey, Ltd., of Chicago, Illinois, argued for defendant-appellant. With him on the brief were Linda A. Kuczma and Jeffrey R. Gargano.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA.

Dissenting opinion filed by Circuit Judge SCHALL.

GAJARSA, Circuit Judge.

Solo Cup Company appeals from a post-trial order of the district court that dismissed for lack of jurisdiction its counterclaim for a declaration of unenforceability of a patent owned by Fort James Corporation ("Fort James"). Fort James Corp. v. Solo Cup Co., No. 99-C-0827 (E.D.Wis. Jan.15, 2003) (order dismissing counterclaim...

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