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  5. 98 F.3d 1563 (1996)
 

APPLIED MATERIALS v. ADVANCED SEMI. MATERIALS

Nos. 94-1428, 94-1466.

98 F.3d 1563 (1996)

APPLIED MATERIALS, INC., Plaintiff/Cross-Appellant, v. ADVANCED SEMICONDUCTOR MATERIALS AMERICA, INC. and Epsilon Technology, Inc., d/b/a ASM Epitaxy, Defendants-Appellants, and Advanced Semiconductor Int. N.V., Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 17, 1996.

Attorney(s) appearing for the Case

Matthew D. Powers, Weil, Gotshal & Manges, Menlo Park, CA, for plaintiff/cross-appellant. With him on the brief was Edward R. Reines.

Don W. Martens, Knobbe, Martens, Olson & Bear, Newport Beach, CA, for defendants-appellants. With him on the brief were Lowell Anderson, John B. Sganga, and Vito A. Canuso III. Also on the brief was Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C.

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

Rehearing Denied; Suggestion for Rehearing In Banc Declined December 17, 1996.*

Opinion for the court filed by Circuit Judge NEWMAN for Parts I and II; dissenting opinion as to Part I filed by Chief Judge ARCHER. For Part III, Chief Judge ARCHER and Circuit Judge MAYER each filed opinions concurring in the judgment of affirmance; dissenting opinion as to Part III filed by Circuit Judge NEWMAN.

PAULINE NEWMAN, Circuit Judge.

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