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MACHINERY CORP. OF AMERICA v. GULLFIBER AB

Appeal No. 85-1049.

774 F.2d 467 (1985)

MACHINERY CORPORATION OF AMERICA, Appellee, v. GULLFIBER AB, Gullfiber International and Marvin Schneider, Appellants.

United States Court of Appeals, Federal Circuit.

October 2, 1985.

Attorney(s) appearing for the Case

Steven L. Friedman, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., submitted for appellants.

Ruth Moyerman and Edward D. Reibman, Whitehall, Pa., submitted for appellee.

Before DAVIS, KASHIWA and NEWMAN, Circuit Judges.

DAVIS, Circuit Judge.

This appeal is from a decision of the United States District Court for the Eastern District of Pennsylvania awarding attorney fees under 35 U.S.C. § 285 in a patent case to the plaintiff below, Machinery Corporation of America. We vacate and remand.

I.

The underlying suit was a declaratory judgment action brought by Machinery Corporation of America (MCA) which sought a declaration that it had not infringed a patent belonging...

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