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FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI

No. 95-1066.

117 F.3d 1385 (1997)

FESTO CORPORATION, Plaintiff-Appellee, v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., a/k/a SMC Corporation, and SMC Pneumatics, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 9, 1997.

Attorney(s) appearing for the Case

Charles R. Hoffman, Hoffman & Baron, Jericho, NY, for plaintiff-appellee. With him on the brief was Gerald T. Bodner.

Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Arlington, VA, for defendants-appellants.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

ORDER

The United States Supreme Court, by disposition issued March 17, 1997, which became final on April 11, 1997, vacated this court's judgment, 72 F.3d 857, and ordered further consideration in light of Warner-Jenkinson Company, Inc. v. Hilton Davis Chemical Co., 520 U.S. ___, 117 S.Ct. 1040, 137 L.Ed.2d 146, 41 USPQ2d 1865 (1997). Appellants' suggestion for hearing in banc having been denied, the case is returned...

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