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AVIA GROUP INTERN., INC. v. L.A. GEAR CALIFORNIA

No. 87-1505.

853 F.2d 1557 (1988)

AVIA GROUP INTERNATIONAL, INC., (Formerly Pensa, Inc.), Plaintiff-Appellee, v. L.A. GEAR CALIFORNIA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 29, 1988.

Attorney(s) appearing for the Case

Perry J. Saidman, of Saidman, Sterne, Kessler & Goldstein, Washington, D.C., argued for plaintiff-appellee.

John J. Quinn, of Kelley Drye & Warren, New York City, argued for defendant-appellant.

Before SMITH, NIES and MAYER, Circuit Judges.

NIES, Circuit Judge.

L.A. Gear California, Inc. (LAG) appeals the decision of the United States District Court for the Central District of California, Pensa, Inc. v. L.A. Gear of California, Inc., 4 USPQ2d 1016 (C.D.Cal.1987), granting the motion of Avia Group International, Inc. (formerly Pensa, Inc.) for summary judgment holding United States Design Patent Nos. 284,420 ('420) and 287,301 ('301) valid as between the parties and willfully infringed, and the...

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