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EASTMAN KODAK CO. v. GOODYEAR TIRE & RUBBER CO.

Nos. 95-1511, 95-1512, 95-1532 and 95-1533.

114 F.3d 1547 (1997)

EASTMAN KODAK COMPANY, Eastman Chemical Company, and Zimmer Aktiengesellschaft, Plaintiffs/Cross-Appellants, v. The GOODYEAR TIRE & RUBBER COMPANY, Defendant-Appellant, and Shell Oil Company, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

As Modified on Limited Grant of Rehearing July 2, 1997.

Attorney(s) appearing for the Case

Hal D. Cooper, Jones, Day Reavis & Pogue, Cleveland, Ohio, argued for plaintiffs/cross-appellants. With him on the brief were James L. Wamsley, III, Regan J. Fay, Lester J. Savit, and Leozino Agozzino.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, argued for defendant-appellant The Goodyear Tire & Rubber Company. With him on the brief were Ford F. Farabow, Jr., Jerry D. Voight, and Martin I. Fuchs. Of counsel on the brief were Alvin T. Rockhill, III, The Goodyear Tire & Rubber Company, of Akron, Ohio, and Marshall Cox, Cahill, Gordon & Reindel, New York City.

W. Kyle Carpenter, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, Tennessee, for defendant-appellant Shell Oil Company. Of counsel on the brief were Leonard P. Miller and Kimbley L. Muller, Shell Oil Company, Houston, Texas.

Before MAYER, LOURIE, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Circuit Judge LOURIE dissents in part.

RADER, Circuit Judge.

In this patent case, a jury found that Goodyear Tire & Rubber Company (Good-year) and Shell Oil Company (Shell) infringed U.S. Patent No. 4,064,112 ('112 patent). The United States District Court for the Eastern District of Tennessee sustained the verdict that defendants' continuous solid state (CSS) production lines 1 and 2 infringed the '112...

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