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PALUMBO v. DON-JOY CO.

Appeal No. 84-1691.

762 F.2d 969 (1985)

P.M. PALUMBO, et al., Appellants, v. DON-JOY CO., et al., Appellees.

United States Court of Appeals, Federal Circuit.

May 20, 1985.

Attorney(s) appearing for the Case

Stanley C. Spooner, Stevens, Davis, Miller & Mosher, of Alexandria, Va., argued, for appellants; Donald E. Stout, Antonelli, Terry & Wands, of Washington, D.C., of counsel.

Welton B. Whann, of San Diego, Cal., argued, for appellees; Stephen P. Oggel, Christison, Martin & Oggel, of San Diego, Cal., of counsel.

Before DAVIS, KASHIWA and MILLER, Circuit Judges.

DAVIS, Circuit Judge.

P.M. Palumbo, et al. (Palumbo), the patentee and his company, seek review of a grant of summary judgment of non-infringement by the United States District Court for the Southern District of California. We reverse and remand.

I.

BACKGROUND

A. Palumbo's '744 patent

Palumbo sued Don-Joy, et al. (Don-Joy) for infringement of U.S. Patent No. 4,296,744 ('744 patent...

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