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CAMBRIDGE PRODUCTS, LTD. v. PENN NUTRIENTS, INC.

No. 91-1514.

962 F.2d 1048 (1992)

CAMBRIDGE PRODUCTS, LTD., and Naremco, Inc., Plaintiffs-Appellees, v. PENN NUTRIENTS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 4, 1992.

Attorney(s) appearing for the Case

Bernard L. Sweeney, Birch, Stewart, Kolasch & Birch, Falls Church, Va., argued, for plaintiffs-appellees. With him on the brief was Robert J. Kenney.

Richard O. Church, of Richard O. Church, Reading, Pa., argued, for defendant-appellant. Jeffrey M. Navon, Synnestvedt & Lechner, Philadelphia, Pa., was on the brief.

Before RICH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

BENNETT, Senior Circuit Judge.

Penn Nutrients, Inc., seeks review of the August 21, 1991 decision of the United States District Court for the Eastern District of Pennsylvania which denied its motion for an award of attorney fees under Fed.R.Civ.P. 11 and 35 U.S.C. § 285 in connection with the voluntary dismissal with prejudice of Cambridge's infringement action. Cambridge and Naremco allege that Penn's appeal to this court is frivolous and that sanctions under...

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