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VITA-MIX CORP. v. BASIC HOLDING, INC.

Nos. 2008-1479, 2008-1517.

581 F.3d 1317 (2009)

VITA-MIX CORPORATION, Plaintiff-Appellant, v. BASIC HOLDING, INC. (formerly known as Back to Basics Products, Inc.), Focus Products Group, LLC, Focus Electrics, LLC, and West Bend Housewares, LLC, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

September 16, 2009.

Attorney(s) appearing for the Case

David T. Movius, McDonald Hopkins Co., LPA, of Cleveland, OH, argued for plaintiff-appellant. With him on the brief were Michael L. Snyder and David B. Cupar.

Larry R. Laycock, Workman Nydegger, of Salt Lake City, UT, argued for defendants-cross appellants. With him on the brief were David R. Wright, David R. Todd, Robert E. Aycock and Clinton E. Duke.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge BRYSON.

PROST, Circuit Judge.

This case involves alleged infringement by Basic Holding ("Basic") of a patent and alleged trademark held by Vita-Mix Corporation ("Vita-Mix"). The United States District Court for the Northern District of Ohio granted summary judgment of no direct infringement, no inducement of infringement, no contributory infringement, and no trademark infringement in favor of Basic. The court also granted summary

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