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LAITRAM CORP. v. NEC CORP.

No. 91-1108.

952 F.2d 1357 (1991)

The LAITRAM CORPORATION, Plaintiff-Appellant, v. NEC CORPORATION, NEC Information Systems, Inc., and Sears, Roebuck and Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined January 30, 1992.

Attorney(s) appearing for the Case

Timothy J. Malloy, of McAndrews, Held & Malloy, Chicago, Ill., argued for plaintiff-appellant. With him on the brief were Lawrence M. Jarvis, Gregory J. Vogler, and Jean Dudek Kuelper. Of counsel were Phillip A. Wittmann and Steven Usdin, of Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., and Barry L. LaCour and Mark T. Drapanas, of The Laitram Corp., Harahan, La.

John M. Calimafde, of Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, argued for defendants-appellees. With him on the brief were Marvin N. Gordon, Charles Quinn and David H. Kagan. Of counsel was James D. McMichael, of Liskow & Lewis, New Orleans, La.

Before NEWMAN, ARCHER and RADER, Circuit Judges.

Suggestion for Rehearing In Banc Declined January 30, 1992.

PAULINE NEWMAN, Circuit Judge.

In a suit for patent infringement filed by The Laitram Corporation against NEC Corporation, NEC Information Systems, Inc., and Sears, Roebuck and Company (collectively "NEC"), the grant of partial summary judgment in favor of NEC was certified for immediate appeal.1

The question raised is whether amendments made to patent claims during...

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