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SUN HILL INDUSTRIES, INC. v. EASTER UNLIMITED, INC.

Nos. 94-1235, 94-1256.

48 F.3d 1193 (1995)

SUN HILL INDUSTRIES, INC., Plaintiff/Cross-Appellant, v. EASTER UNLIMITED, INC. d/b/a Fun World, Defendant-Appellant, and Fay's Incorporated and Syndicated Sales Co., Inc. Defendants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing In Banc Declined April 20, 1995.

Attorney(s) appearing for the Case

Gerard F. Dunne, P.C., New York City, argued for plaintiff/cross-appellant. Of counsel was Edward Lawson, Jr.

Lawrence Rosenthal, Stroock & Stroock & Lavan, of New York City, argued for defendant-appellant. With him on the brief was Mark P. Kesslen and Gordon M. Kessler.

Before MICHEL, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

Sun Hill Industries, Inc. sued Easter Unlimited, Inc. (doing business as Fun World) for infringing Sun Hill's Design Patent No. 310,023. After a bench trial, the court found the patent not invalid, and infringed by some, but not all, of the accused Fun World products. Sun Hill Indus., Inc. v. Easter Unlimited, Inc., 831 F.Supp. 1024, 29 USPQ2d 1115 (E.D.N.Y.1993) (Sun Hill); Sun Hill Indus...

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