FMC CORP. v. UP-RIGHT, INC.

No. 93-1272.

21 F.3d 1073 (1994)

FMC CORPORATION, Plaintiff-Appellant, v. UP-RIGHT, INC. and American Grape Harvesters, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 6, 1994.


Attorney(s) appearing for the Case

Raymond P. Niro, Niro, Scavone, Haller & Niro, Chicago, IL, argued for plaintiff-appellant. With him on the brief, was Raymond P. Niro, Jr. Also on the brief, was Richard B. Megley, FMC Corporation, Chicago, IL. Of counsel was, Timothy B. Dyk, Washington, DC.

Bruce H. Johnsonbaugh, Eckhoff, Hoppe, Slick, Mitchell & Anderson, San Francisco, CA, argued, for defendants-appellees. With him on the brief, were James F. Mitchell and Ernest M. Anderson.

Before RICH, MICHEL, and CLEVENGER, Circuit Judges.


RICH, Circuit Judge.

FMC Corporation (FMC)1 appeals the February 22, 1993, decision of the United States District Court for the Northern District of California, FMC Corp. v. Up-Right, Inc., 816 F.Supp. 1455, 28 USPQ2d 1103 (N.D.Cal.1993), holding that Up-Right, Inc. (Up-Right) did not contributorily infringe claim 1 of U.S. Patent No. 4,286,426 (Orlando patent), owned by FMC, through its sale...

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