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CABLE ELEC. PRODUCTS, INC. v. GENMARK, INC.

Appeal No. 84-1412.

770 F.2d 1015 (1985)

CABLE ELECTRIC PRODUCTS, INC., Appellant, v. GENMARK, INC., a/k/a Diablo Products Corp., Appellee.

United States Court of Appeals, Federal Circuit.

August 9, 1985.

Attorney(s) appearing for the Case

Paul J. Sutton, New York City, argued for appellant. With him on the brief were Barry G. Magidoff and Anthony Amaral, Jr.

Alan H. MacPherson, Skjerven, Morrill, MacPherson, Franklin & Friel, San Francisco, Cal., argued for appellee. With him on the brief were Thomas J. Friel, Jr. and Doniel E. Weil.

Before BENNETT, Circuit Judge, MILLER, Senior Circuit Judge, and SMITH, Circuit Judge.

BENNETT, Circuit Judge.

I. BACKGROUND

This is an appeal from the United States District Court for the Northern District of California1 which through its grants of summary judgment favorable to defendant Genmark, Inc. (Genmark), on February 29, 1984,2 and May 25, 1984,3 rendered a final judgment in Civil Docket No. C-83-0897-WWS, an action for patent infringement, federal...

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