AEROJET-GENERAL CORP. v. MACHINE TOOL WORKS

No. 88-1351.

895 F.2d 736 (1990)

AEROJET-GENERAL CORP., Plaintiff-Appellant, v. MACHINE TOOL WORKS, OERLIKON-BUEHRLE LTD., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 1, 1990.


Attorney(s) appearing for the Case

Robert A. Schroeder, Pretty, Schroeder, Brueggeman & Clark, Los Angeles, Cal., submitted, for plaintiff-appellant. With him on brief, was Edward G. Poplawski.

Jay R. Ziegler, Buchalter, Nemer, Fields & Younger, Los Angeles, Cal., submitted for defendant-appellee.

Andrew P. Vance, Thomas D. Rosenwein, William T. Bullinger, J. Gary McDavid and George E. Hutchinson, The Fed. Bar Ass'n, Washington, D.C., were on brief, amicus curiae, for The Fed. Circuit Bar Ass'n.

Joseph R. Re, Knobbe, Martens, Olson & Bear, Newport Beach, Cal., was on brief, amicus curiae, for American Intellectual Property Law Ass'n.

Charles A. Wendel, Lyon & Lyon and Steven E. Lipman, Fish & Richardson, Washington, D.C., were on brief, amicus curiae, for Patent, Trademark and Copyright Law Section, The District of Columbia Bar.

Joseph R. Magnone, Eric H. Weisblatt and Teresa Stanek Rea, Burns, Doane, Swecker & Mathis, Alexandria, Va., were on brief, amicus curiae, for Bar Ass'n of District of Columbia, Patent, Trademark & Copyright Section.

Before MARKEY, Chief Judge, FRIEDMAN and SMITH, Senior Circuit Judges, and RICH, NIES, NEWMAN, ARCHER, MAYER and MICHEL, Circuit Judges.


MARKEY, Chief Judge.

Aerojet-General Corporation (Aerojet) appealed from an order of the United States District Court for the Central District of California. Aerojet-General Corp. v. Machine Tool Works, Oerlikon-Buehrle, Ltd., No. 87-0065 IH (C.D.Cal. Mar. 14, 1988). Having considered the matter in banc, we hold that this court has appellate subject matter jurisdiction.

BACKGROUND

In January 1987, Aerojet sued Machine Tool Works and...

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