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GOODYEAR TIRE & RUBBER v. HERCULES TIRE & RUBBER

Nos. 97-1199, 97-1223.

162 F.3d 1113 (1998)

The GOODYEAR TIRE & RUBBER COMPANY, Plaintiff-Appellant, v. The HERCULES TIRE & RUBBER COMPANY, INC., Defendant Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 10, 1998.

Attorney(s) appearing for the Case

Charles B. Park, III, Bell, Seltzer, Park, & Gibson, Charlotte, North Carolina, argued for plaintiff-appellant. With him on the brief were Dickson M. Lupo and Bruce J. Rose.

Marshall A. Bennett, Jr., Marshall & Melhorn, Toledo, Ohio, argued for defendant cross-appellant. With him on the brief was Donald A. Schurr. Also on the brief was Richard M. Kerger, Kerger & Kerger, Toledo, Ohio. Of counsel was Steven J. Funk, Marshall & Melhorn.

Before NEWMAN, PLAGER, and SCHALL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The Goodyear Tire & Rubber Company appeals the decision of the United States District Court for the Northern District of Ohio, holding that the "Power Trac" retread design of the Hercules Tire & Rubber Company does not infringe Goodyear's United States Design Patent No. 349,080 (the '080 patent).1 Hercules cross appeals the district court's determination...

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