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IMAZIO NURSERY, INC. v. DANIA GREENHOUSES

No. 94-1450.

69 F.3d 1560 (1995)

IMAZIO NURSERY, INC., Plaintiff-Appellee, v. DANIA GREENHOUSES, Defendant, and Coastal Nursery, Jess Rodrigues, and Donna Rodrigues, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 23, 1996.

Attorney(s) appearing for the Case

David A. Dillard, Christie, Parker & Hale, Pasadena, California, argued for plaintiff-appellee. With him on the brief were Vincent G. Gioia and John D. Carpenter.

Philip C. Swain, Kirkland & Ellis, Los Angeles, California, argued for defendants-appellants. With him on the brief was Jay I. Alexander, Kirkland & Ellis, Washington, D.C.

William L. LaFuze, Vinson & Elkins, L.L.P., Houston, Texas, was on the brief for Amicus Curiae, Greenleaf Nursery Company.

Before RICH, MAYER, and LOURIE, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 23, 1996.

RICH, Circuit Judge.

Coastal Nursery, Jess Rodrigues, and Donna Rodrigues (collectively, Coastal) appeal from the judgment of the United States District Court for the Northern District of California granting summary judgment of infringement of U.S. Plant Patent No. 5,336 (the '336 patent). Imazio Nursery, Inc. v. Dania Greenhouse, No. 92-20755 (SW) (N.D.Cal. September 2, 1993...

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