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LAITRAM CORP. v. NEC CORP.

No. 98-1060.

163 F.3d 1342 (1998)

THE LAITRAM CORPORATION, Plaintiff-Appellee, v. NEC CORPORATION and NEC Information Systems, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 18, 1998.

Attorney(s) appearing for the Case

Phillip A. Wittmann, Stone, Pigman, Walther, Wittmann & Hutchinson, L.L.P., of New Orleans, Louisiana, argued for plaintiff-appellee. With him on the brief were Steven W. Usdin and Stephanie D. Shuler. Of counsel on the brief were Timothy J. Malloy and Sharon A. Hwang, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois.

John M. Calimafde, Hopgood, Calimafde, Kalil & Judlowe, of New York, New York, argued for defendants-appellants. With him on the brief was Marvin N. Gordon.

Before NEWMAN, MICHEL and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

NEC Corporation and NEC Information Systems, Inc. (collectively "NEC") appeal from the decision of the United States District Court for the Eastern District of Louisiana denying its motion for Judgment as a Matter of Law (JMOL) that reexamined claims 1 and 2 of Laitram's U.S. Patent 3,952,311 are not identical in scope to original claims 1 and 2. See Laitram Corp. v. NEC Corp., Civ. A. No. 89-1571-N, 1997 WL 539890 (E.D.La. Sept. 2, 1997...

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