REACTIVE METALS ALLOYS CORP. v. ESM, INC.

Appeal No. 84-1122.

769 F.2d 1578 (1985)

REACTIVE METALS AND ALLOYS CORPORATION, Appellant, v. ESM, INCORPORATED, Appellee.

United States Court of Appeals, Federal Circuit.

August 9, 1985.


Attorney(s) appearing for the Case

Lynn J. Alstadt (argued), Buell, Blenko, Ziesenheim & Beck, Pittsburgh, for appellant. With him on brief was Eugene F. Buell.

E.J. Welsh (argued), Parmelee, Miller, Welsh & Kratz, P.C., Pittsburgh, for appellee. With him on brief was William G. Kratz, Jr.

Before SMITH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.


NIES, Circuit Judge.

Reactive Metals and Alloys Corp., plaintiff in a patent infringement suit, appeals from a judgment of the United States District Court for the Western District of Pennsylvania, awarding attorney fees to the defendant, ESM, Inc., under 35 U.S.C. § 285 and costs under Fed.R.Civ.P. 54(d). We affirm the award of costs and reverse the award of attorney's fees.

I.

Background

On December 18, 1980, appellant Reactive...

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