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ALPEX COMPUTER CORP. v. NINTENDO CO. LTD.

Nos. 95-1191, 95-1229.

102 F.3d 1214 (1996)

ALPEX COMPUTER CORPORATION, Plaintiff/Cross-Appellant, v. NINTENDO COMPANY LTD. and Nintendo of America, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 15, 1997.

Attorney(s) appearing for the Case

John L. Strauch, Jones, Day, Reavis, & Pogue, Cleveland, OH, argued for plaintiff/cross-appellant. With him on the brief were Barry L. Springel, Richard H. Sayler, and Joseph D. Pollack. Of counsel were Robert J. Hoerner and Marc L. Swartzbaugh.

Thomas G. Gallatin, Jr., Mudge Rose Guthrie Alexander & Ferdon L.L.P., and Herbert F. Schwartz, Fish & Neave, New York City, argued for defendants-appellants. With them on the briefs were John J. Kirby, Jr., Shelley B. O'Neill, and Robert J. Gunther, Jr., Mudge Rose Guthrie Alexander & Ferdon L.L.P. Of counsel was Larry S. Nixon, Nixon & Vanderhye, P.C., Arlington, VA.

Before ARCHER, Chief Judge, RICH, and NEWMAN, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 15, 1997.

ARCHER, Chief Judge.

Nintendo Company, Ltd. and Nintendo of America, Inc. (collectively Nintendo) appeal the January 6, 1995, judgment of the United States District Court for the Southern District of New York, Alpex Computer Corp. v. Nintendo Co., 34 USPQ2d 1167 (S.D.N.Y. 1994), holding U.S. Patent No. 4,026,555 (the '555 patent), owned by Alpex Computer Corporation (Alpex...

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