ATHLETIC ALTERNATIVES, INC. v. PRINCE MFG., INC.

No. 95-1045.

73 F.3d 1573 (1996)

ATHLETIC ALTERNATIVES, INC., Plaintiff-Appellant, v. PRINCE MANUFACTURING, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 11, 1996.


Attorney(s) appearing for the Case

Scott E. Boehm, Copple, Chamberlin & Boehm, P.C., Phoenix, Arizona, argued for plaintiff-appellant.

Robert B. Smith, White & Case, New York City, argued for defendant-appellee. With him on the brief was Cecilia O'Brien Lofters. Also on the brief was Mark I. Harrison, Bryan Cave, Phoenix, Arizona.

Before MICHEL, Circuit Judge, NIES, Senior Circuit Judge, and CLEVENGER, Circuit Judge.


Opinion for the court filed by Circuit Judge MICHEL. Opinion concurring in the result filed by Senior Circuit Judge NIES.

MICHEL, Circuit Judge.

Athletic Alternatives, Inc. ("AAI") appeals from the June 29, 1994 order of the U.S. District Court for the District of Arizona, No. CIV-92-176-PHX-RGS (SLV), granting summary judgment of noninfringement in favor of Prince Manufacturing, Inc. ("Prince").1 Because AAI cannot lawfully prevail...

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