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BIC LEISURE PRODUCTS v. WINDSURFING INTERN.

Nos. 92-1106, 92-1107.

1 F.3d 1214 (1993)

BIC LEISURE PRODUCTS, INC., Plaintiff-Appellant, and Windglider Fred Ostermann, GmbH, Plaintiff, v. WINDSURFING INTERNATIONAL, INC., Defendant/Cross-Appellant, and James R. Drake, Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 7, 1993.

Attorney(s) appearing for the Case

Jonathan A. Marshall, Pennie & Edmonds, of New York City, argued for plaintiff-appellant. With him on the brief were Robert M. Kunstadt and John J. Normile.

Harold E. Wurst, Nilsson, Wurst & Green, of Los Angeles, CA, argued for defendant/cross-appellant. With him on the brief was Jai Ho Rho. Also on the brief were Michael Sweedler and Beverly Goodwin, Darby & Darby, of New York City, of counsel.

Before NIES, Chief Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

The United States District Court for the Southern District of New York awarded Windsurfing International, Inc. lost profits for BIC Leisure Products, Inc.'s infringement of U.S. Reissue Patent No. 31,167.1 BIC Leisure Prods., Inc. v. Windsurfing Int'l, Inc., 761 F.Supp. 1032, 19 USPQ2d 1922 (S.D.N.Y.1991) (BIC I). The court refused to award lost profits for alleged...

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