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HUPP v. SIROFLEX OF AMERICA, INC.

Nos. 95-1268, 95-1289.

122 F.3d 1456 (1997)

Jack T. HUPP and Walkmaker, Inc., Plaintiffs-Appellants, v. SIROFLEX OF AMERICA, INC., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

September 4, 1997.

Attorney(s) appearing for the Case

Nick A. Nichols, Jr., Gunn & Associates, P.C., Houston, TX, argued, for plaintiffs-appellants.

William C. Norvell, Jr., Beirne, Maynard & Parsons, L.L.P., Houston, TX, argued, for defendant/cross-appellant.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Jack T. Hupp and Walkmaker, Inc. (collectively "Hupp") sued Siroflex of America, Inc. in the United States District Court for the Southern District of Texas, for infringement of United States Design Patent No. 342,528 (the D'528 patent) and for trade dress infringement. The jury answered special interrogatories on all disputed issues, and in accordance with these findings the court entered judgment that the D'528 patent is invalid and...

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