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NIKE, INC. v. WAL-MART STORES, INC.

No. 97-1173.

138 F.3d 1437 (1998)

NIKE, INC., Plaintiff-Appellee, v. WAL-MART STORES, INC. and Hawe Yue, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 12, 1998.

Attorney(s) appearing for the Case

Mark T. Banner, Banner & Witcoff, Ltd., Chicago, IL, argued for plaintiff-appellee. With him on brief were Christopher J. Renk and Robert S. Katz, Washington, DC, of counsel Patricia E. Hong and James A. Niegowski, Washington, DC.

William D. Coston, Venable, Baetjer, Howard & Civiletti, LLP, Washington, DC, argued for defendants-appellants. With him on brief E. Brendan Magrab and James R. Burdett. Of counsel was William L. Jaeger, Townsend and Townsend and Crew, LLP, San Francisco, CA.

Before MAYER, Chief Judge, NEWMAN and PLAGER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Wal-Mart Stores, Inc., and Hawe Yue, Inc. appeal the judgment of the United States District Court for the Eastern District of Virginia,1 concerning United States Design Patent No. 348,765 (the D'765 patent), owned by Nike, Inc. The court held the patent valid and infringed, and awarded the infringers' profits to the patentee in accordance with 35 U.S.C. § 289. The appellants do not appeal the rulings...

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