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U.S. PHILIPS CORP. v. SEARS ROEBUCK & CO.

No. 93-1188.

55 F.3d 592 (1995)

U.S. PHILIPS CORPORATION, Plaintiff/Counterdefendant-Appellee, and North American Philips Corporation and N.V. Philips Gloeilampenfabrieken, Counterdefendants-Appellees, v. SEARS ROEBUCK & CO., Defendant/Counterclaimant-Appellant, and Izumi Seimitsu Kogyo Kabushiki Kaisha, Defendant/Counterplaintiff/Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 6, 1995.

Attorney(s) appearing for the Case

Garrard R. Beeney, Sullivan & Cromwell, New York City, argued for plaintiff/counter-defendant-appellee. With him on the brief was John L. Hardiman. Also on the brief were Sheldon Karon and Stanley C. Nardoni, Keck, Mahin & Cate, Chicago, IL. Of counsel was William E. Willis.

Charles W. Saber, Dickstein, Shapiro & Morin, Washington, DC, argued for defendants/counterclaimant/appellant. With him on the brief were Gary M. Hoffman and Gabrielle S. Roth. Also on the brief was Edward L. Foote, Winston & Strawn, Chicago, IL.

R. William Ide, III, President, American Bar Ass'n, Chicago, IL, was on the brief for amicus curiae, American Bar Ass'n. With him on the brief were Douglas W. Wyatt, Stanley L. Amberg, Tom Arnold, Frederick J. Dorchak, Donald R. Dunner, J. Michael Jakes, Joseph R. Re, William C. Rooklidge and Harrie R. Samaras.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 6, 1995.*

Opinion for the court filed by Judge. PAULINE NEWMAN. Dissenting opinion as to Part I filed by Senior Judge FRIEDMAN.

PAULINE NEWMAN, Circuit Judge.

We answer two questions certified for interlocutory appeal by the United States District Court for the Northern District of Illinois, in the course of litigation involving U.S. Philips Corporation, North...

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