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CCPI INC. v. AMERICAN PREMIER, INC.

Civil Action No. 96-446 MMS.

966 F.Supp. 276 (1997)

CCPI INC., Plaintiff, v. AMERICAN PREMIER, INC., Defendant.

United States District Court, D. Delaware.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Bove, and N. Richard Powers, of Connolly, Bove, Lodge & Hutz, Wilmington, DE (David J. Josephic, and Theodore R. Remaklus, of Wood, Herron & Evans, L.L.P., Cincinnati, OH, of counsel); for plaintiff.

Jack B. Blumenfeld, and Julia Heaney, of Morris, Nichols, Arsht & Tunnell, Wilmington, DE (Steven I. Weisburd, Douglas A. Miro, and Daniel N. Calder, of Ostrolenk, Faber, Gerb & Soffen, New York City, of counsel); for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Plaintiff CCPI, Inc. ("CCPI") filed suit against American Premier, Inc. ("API"), alleging infringement of its U.S. Patent No. 5,358,551 ("the '551 patent"). Pursuant to the teachings of Markman v. Westview Instruments, Inc., ___ U.S. ___, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), the Court scheduled briefing and oral argument devoted to interpretation of the claims of...

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