ELMER v. ICC FABRICATING, INC.

No. 94-1503.

67 F.3d 1571 (1995)

William A. ELMER and HTH, Inc., Plaintiffs-Appellees, v. ICC FABRICATING, INC., Defendant-Appellant, and Take-Out Express, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

October 10, 1995.


Attorney(s) appearing for the Case

Herbert L. Allen, Allen, Dyer, Doppelt, Franjola & Milbrath, P.A., Orlando, Florida, argued for plaintiffs-appellees.

Ernie L. Brooks, Brooks & Kushman P.C., Southfield, Michigan, argued for defendant-appellant. With him on the brief was Frank A. Angileri.

Before NIES, LOURIE, and CLEVENGER, Circuit Judges.


LOURIE, Circuit Judge.

ICC Fabricating, Inc. ("ICC") appeals from the judgment of the United States District Court for the Middle District of Florida entered pursuant to a jury verdict holding ICC liable to William A. Elmer and HTH, Inc. (collectively "HTH") for utility patent infringement, design patent infringement, trade dress infringement, and state common law unfair competition. The court denied ICC's post-trial motion for judgment as a matter of law ("JMOL"...

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