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AMERICAN ORIGINAL CORP. v. JENKINS FOOD CORP.

Appeal No. 85-1281.

774 F.2d 459 (1985)

The AMERICAN ORIGINAL CORPORATION, Appellant, v. JENKINS FOOD CORPORATION, etc., Sea Watch International Ltd., etc., H. Allen Smith, Inc., etc., et al., Appellees.

United States Court of Appeals, Federal Circuit.

September 26, 1985.

Attorney(s) appearing for the Case

Rodger L. Tate, Banner, Birch, McKie & Beckett, Washington, D.C., argued, for appellant. With him on brief was Harold J. Birch.

Thomas T. Alspach, Franch, Earnest & Cowdrey, P.A., Easton, Md., argued, for appellees.

Before FRIEDMAN, Circuit Judge, NICHOLS, Senior Circuit Judge, and KASHIWA, Circuit Judge.

FRIEDMAN, Circuit Judge.

In this appeal from a judgment of the United States District Court for the Eastern District of Virginia, the appellant The American Original Corporation (American), which was the successful plaintiff in a patent infringement suit, challenges (1) the adequacy of the damages awarded, (2) the refusal of the district court to treble the damages and to award attorney fees, and (3) the ruling of the district court that the appellees did not violate...

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