No. 93-1233.

16 F.3d 394 (1994)

DOLLY, INC., Plaintiff-Appellee, v. SPALDING & EVENFLO COMPANIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided February 8, 1994.

Attorney(s) appearing for the Case

David A. Shough, Faruki, Gilliam & Ireland, Dayton, OH, argued for plaintiff-appellee. With him on the brief were Charles J. Faruki and Donald E. Burton. Also on the brief was Richard A. Killworth, Killworth, Gottman, Hagan & Schaeff, Dayton, OH.

Christopher B. Fagan, Fay, Sharpe, Beall, Fagan, Minnich & McKee, Cleveland, OH, argued for defendant-appellant. With him on the brief was Richard M. Klein.

Before ARCHER, PLAGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

Dolly, Inc. (Dolly) sued Spalding & Evenflo Companies, Inc. (Evenflo) in the United States District Court for the Southern District of Ohio (Western Division) for unfair competition and infringement of U.S. Patent No. 4,854,638 (the '638 patent). On an earlier appeal in this same case, Dolly, Inc. v. Spalding & Evenflo Cos., 954 F.2d 734, 23 USPQ2d 1555 (Fed.Cir.1992), this court vacated the district court's preliminary injunction...

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