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W.L. GORE & ASSOCIATES, INC. v. GARLOCK, INC.

Nos. 83-613, 83-614.

721 F.2d 1540 (1983)

W.L. GORE & ASSOCIATES, INC., Appellant/Cross-Appellee, v. GARLOCK, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 14, 1983.

Attorney(s) appearing for the Case

David H. Pfeffer, New York City, argued for appellant/cross-appellee; J. Robert Dailey and Janet Dore, New York City, John S. Campbell, Newark, Del., of counsel.

John J. Mackiewicz, Philadelphia, Pa., argued for appellee/cross-appellant. With him on the brief were Dale M. Heist, Philadelphia, Pa., Bernard Ouziel, New York City, of counsel.

Before MARKEY, Chief Judge, and DAVIS and MILLER, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of the District Court for the Northern District of Ohio holding U.S. Patents 3,953,566 ('566) and 4,187,390 ('390) invalid. We affirm in part, reverse in part, and remand for a determination of the infringement issue.

Background

Tape of unsintered polytetrafluorethylene (PTFE) (known by the trademark TEFLON of E.I. du Pont de Nemours, Inc.) had been stretched...

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