FROMSON v. CITIPLATE, INC.

Nos. 89-1193, 89-1194, 89-1263, 89-1264, 89-1295 and 89-1296.

886 F.2d 1300 (1989)

Howard A. FROMSON, Plaintiff-Appellee, v. CITIPLATE, INC., Charles Cusumano and Joseph Cusumano, Defendants-Appellants, and Robert S. Stoll, Appellant.

United States Court of Appeals, Federal Circuit.

October 2, 1989.


Attorney(s) appearing for the Case

John E. Lynch, Felfe & Lynch, New York City, argued for plaintiff-appellee. With him on the brief was Alfred H. Hemingway, Jr.

Guy R. Fairstein, Summitt, Rovins & Feldesman, New York City, Pasquale A. Razzano, Curtis, Morris & Safford, P.C., New York City, argued for defendants-appellants and Henry Putzell, atty. for Robert S. Stoll, New York City, argued for appellant. On the briefs were Ira G. Greenberg, Summit, Rovins & Feldesman, New York City, for defendants-appellants, of counsel, Theodore F. Shiells, Curtis, Morris & Safford, P.C., New York City, for defendants-appellants, of counsel and Robert S. Stoll, Stoll, Previto & Hoffman, New York City, as appellant, of counsel.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.


MARKEY, Chief Judge.

Citiplate, Inc. (Citiplate), Charles Cusumano and Joseph Cusumano (collectively the Cusumanos) appeal from a judgment of the United States District Court for the Eastern District of New York (Nickerson, J.): (1) holding claims 1, 4, 6, 7, 12, and 16 of Howard A. Fromson's (Fromson) United States Patent No. 3,181,461 not invalid, enforceable, and infringed by Citiplate; (2) awarding Fromson compensatory damages, increased damages, and attorney...

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