BRAUN INC. v. DYNAMICS CORP. OF AMERICA

Nos. 91-1329, 91-1363.

975 F.2d 815 (1992)

BRAUN INC. and Braun Aktiengesellschaft, Plaintiffs/Cross-Appellants, v. DYNAMICS CORPORATION OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined October 7, 1992.


Attorney(s) appearing for the Case

Steven E. Lipman, Fish & Richardson, Washington, D.C., argued for plaintiffs/cross-appellants. With him on the brief was Heidi E. Harvey, Fish & Richardson, of Boston, Mass.

Harry C. Marcus, Morgan & Finnegan, New York City, argued for defendant-appellant. With him on the brief were Thomas P. Dowling and Mark J. Abate, of counsel.

Before: RICH and PLAGER, Circuit Judges, and COHN, District Judge.


Suggestion for Rehearing In Banc Declined October 7, 1992.

COHN, District Judge.

I. Introduction

This is, among other things, a design patent infringement case. Plaintiffs/cross-appellants, Braun, Inc., and Braun Aktiengesellschaft (Braun), are the owners of U.S. design patent No. 271,176, which relates to a hand held electric blender. Defendant-appellant, Dynamics Corporation of America's Waring Products Division (Waring), manufactures a competing...

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