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MARTIN v. BARBER

Appeal No. 84-710.

755 F.2d 1564 (1985)

Robert M. MARTIN, Gravity Guidance, Inc., Appellants, v. S. Morgan BARBER, The Other Side, Inc. and Backswing Corp., Appellees.

United States Court of Appeals, Federal Circuit.

March 4, 1985.

Attorney(s) appearing for the Case

Bruce McKee and Mark Hansing, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, argued for appellants. With them on brief was Edmund J. Sease, Des Moines, Iowa.

Thomas M. Ferrill, Jr., Ferrill & Logan, Fort Washington, Pa., argued for appellees. With him on brief was John W. Logan, Jr., Fort Washington, D.C.

Before BALDWIN, SMITH and NEWMAN, Circuit Judges.

BALDWIN, Circuit Judge.

This is an appeal from a summary judgment entered by the United States District Court for the District of Nevada holding U.S. Patent No. 3,380,447 ('447 patent), issued to Robert M. Martin on April 30, 1968 (filed Oct. 19, 1965), not infringed by the ankle-holding portion of a therapeutic tilt table called the Backswing. We vacate the summary judgment of noninfringement and remand.

Background

Dr. Robert M. Martin filed...

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