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DIGITAL BIOMETRICS, INC. v. IDENTIX, INC.

No. 97-1208.

149 F.3d 1335 (1998)

DIGITAL BIOMETRICS, INC., Plaintiff-Appellant, v. IDENTIX, INC. and Randall C. Fowler, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 2, 1998.

Attorney(s) appearing for the Case

Alan G. Carlson, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief were Philip P. Caspers and Thomas E. Bejin.

Frank E. Scherkenbach, Fish & Richardson P.C., Menlo Park, California, argued for defendants-appellees. With him on the brief were Jack L. Slobodin, Fish & Richardson P.C. and Robert T. Haslam, Heller Ehrman White & McAuliffe, Palo Alto, California. Of counsel on the brief were Frank P. Porcelli and John C. Phillips, Fish & Richardson P.C., Boston, Massachusetts.

Before PLAGER, Circuit Judge, SKELTON, Senior Circuit Judge, and BRYSON, Circuit Judge.

PLAGER, Circuit Judge.

Digital Biometrics, Inc. ("DBI") brought suit against Identix and Randall Fowler for patent infringement, both literal and under the doctrine of equivalents, in the United States District Court for the Northern District of California. The district court granted Identix's motion for summary judgment of non-infringement. See Digital Biometrics, Inc. v. Identix, Inc., No. C 95-01808 CW, 1996 WL 784567 (N.D.Cal. Dec. 16, 1996). DBI appeals...

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