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BAI v. L & L WINGS, INC.

No. 98-1008.

160 F.3d 1350 (1998)

Carl B. BAI, Plaintiff-Appellant, v. L & L WINGS, INC., d/b/a Wings, Defendant-Appellee, and Great World Co. of New York Ltd., and Elufa Fashions, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

November 3, 1998.

Attorney(s) appearing for the Case

John E. Daniel, Rogers & Wells, of New York, New York, argued for plaintiff-appellant.

Allen I. Rubenstein, Gottlieb, Rackman & Reisman, P.C., of New York, New York, argued for defendants-appellees.

Before RICH, LOURIE, and RADER, Circuit Judges.

LOURIE, Circuit Judge.

Carl B. Bai appeals from the summary judgment of the United States District Court for the Southern District of New York that L & L Wings, Inc.'s MAGIC CATCH game does not infringe claim 1 of Bai's U.S. Patent 4,017,076. See Bai v. L & L Wings, Inc., No. 95 Civ. 10824 (LMM), 1997 WL 527870 (S.D.N.Y. Aug. 22, 1997). Because we conclude that the district court properly granted summary judgment of noninfringement, we affirm.

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