CONAIR v. AUTOMATIK APPARATE-MASCHINENBAU

Nos. 91-1135, 91-1136.

944 F.2d 862 (1991)

The CONAIR GROUP, INC., Plaintiff-Appellant, v. AUTOMATIK APPARATE-MASCHINENBAU GMBH and Automatik Machinery Corp., Defendants-Appellees. AUTOMATIK APPARATE-MASCHINENBAU GMBH, Plaintiff-Appellee, v. The CONAIR GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 11, 1991.


Attorney(s) appearing for the Case

Melvin L. Moser, Jr., Gorr, Moser, Dell & Loughney, Pittsburgh, Pa., argued, for plaintiff-appellant. With him on the brief, was George Raynovich, Jr., Buchanan Ingersoll Professional Corp., Pittsburgh, Pa., of counsel.

Raymond P. Niro, Niro, Scavone, Haller & Niro, Chicago, Ill., argued, for defendants-appellees. With him on the brief, was Robert A. Vitale, Jr.

Before MICHEL and LOURIE, Circuit Judges, and SKELTON, Senior Circuit Judge.


LOURIE, Circuit Judge.

This is an appeal from the December 6, 1990, order of the United States District Court for the Western District of Pennsylvania which preliminarily enjoined The Conair Group, Inc. from infringing U.S. Patents 4,180,539, 4,632,752, and 4,025,252. Conair Group, Inc. v. Automatik Apparate-Maschinenbau, 19 USPQ2d 1535 (W.D.Pa.1990). We vacate and remand.

BACKGROUND

Automatik Apparate-Maschinenbau GmbH is the assignee of...

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