DAWN EQUIPMENT CO. v. KENTUCKY FARMS INC.

No. 97-1042.

140 F.3d 1009 (1998)

DAWN EQUIPMENT COMPANY, Plaintiff-Appellee, v. KENTUCKY FARMS INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 24, 1998.


Attorney(s) appearing for the Case

Stephen G. Rudisill, Arnold, White & Durkee, Chicago, IL, argued for plaintiff-appellee. On the brief was Edward L. Foote, Winston & Strawn, Chicago, IL.

Keith V. Rockey, Rockey, Milnamow & Katz, Ltd., Chicago, IL, argued for defendant-appellant. On the brief was Kathleen A. Lyons.

Before NEWMAN, MICHEL, and PLAGER, Circuit Judges.


Opinion for the court filed by Circuit Judge PLAGER. Additional views filed by Circuit Judges PLAGER, NEWMAN, and MICHEL.

PLAGER, Circuit Judge.

In this patent infringement case, the jury determined that the accused device, although not literally infringing, infringed under the doctrine of equivalents. The trial judge gave judgment accordingly, and denied defendant's motion for judgment as a matter of law ("JMOL"). Because on these facts no reasonable jury...

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