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SPINDELFABRIK SUESSEN-SCHURR v. SCHUBERT & SALZER

Appeal Nos. 86-561, 86-682.

829 F.2d 1075 (1987)

SPINDELFABRIK SUESSEN-SCHURR STAHLECKER & GRILL GmbH, et al., Appellees, v. SCHUBERT & SALZER MASCHINENFABRIK AKTIENGESELLSCHAFT and Schubert & Salzer Machine Works, Inc., Appellants.

United States Court of Appeals, Federal Circuit.

September 9, 1987.

Attorney(s) appearing for the Case

James F. Davis, Howrey & Simon, Washington, D.C., argued for appellants. With him on the brief were Alan M. Grimaldi and Barbara A. Friedman. Also on the brief were Julian W. Dority and Wellington M. Manning, Dority & Manning, Greenville, S.C.

Charles B. Park, III, Bell, Seltzer, Park & Gibson, Charlotte, N.C., argued for appellees. With him on the brief were Michael D. McCoy, Kenneth D. Sibley and Dickson M. Lupo. Also on the brief was Fletcher C. Mann, Sr., Leatherwood, Walker, Todd & Mann, Greenville, S.C.

Before BALDWIN and SKELTON, Senior Circuit Judges, and ARCHER, Circuit Judge.

BALDWIN, Senior Circuit Judge.

This is a consolidation of appeals from two judgments of the United States District Court for the District of South Carolina (district court) (1) declaring U.S. Patent No. 4,059,946 (the '946 patent) and U.S. Patent No. 4,175,370 (the '370 patent) valid and infringed and awarding increased damages and attorney fees based on a finding of willful infringement of the '946 patent and (2) granting a motion to enjoin subsequent infringement...

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