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GEMMY INDUSTRIES CORP. v. CHRISHA CREATIONS LTD.

No. 05-1110.

452 F.3d 1353 (2006)

GEMMY INDUSTRIES CORPORATION, Plaintiff-Appellant, v. CHRISHA CREATIONS LIMITED and Quay Richerson, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 22, 2006.

Attorney(s) appearing for the Case

William D. Coston, Venable, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Martin L. Saad. Of counsel was Kevin B. Collins.

Stephen J. Smirti, Jr., Rivkin Radler LLP, of Uniondale, New York, argued for defendants-appellees. With him on the brief was Celeste M. Butera. Of counsel was Pia E. Riverso.

Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

NEWMAN, Circuit Judge.

This appeal is from a judgment of the United States District Court for the Southern District of New York, reported at Gemmy Indus. Corp. v. Chrisha Creations Ltd., 2004 WL 1406075, 72 USPQ2d 1409 (S.D.N.Y.2004). Gemmy Industries had filed suit against Chrisha Creations Limited and Mr. Quay Richerson for infringement of United States Patent No. 6,644,843 (the '843 patent) and for copyright and tort claims not now before us. Chrisha filed...

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