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ZENITH ELECTRONICS CORP. v. EXZEC, INC.

No. 98-1288.

182 F.3d 1340 (1999)

ZENITH ELECTRONICS CORPORATION, Plaintiff, and Elgo Touchsystems, Inc., Plaintiff-Appellant, v. EXZEC, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 7, 1999.

Attorney(s) appearing for the Case

Vincent L. Johnson, Legal Strategies Group, Emeryville, California, argued, for plaintiff-appellant.

Robert E. Browne, Altheimer and Gray, Chicago, Illinois, argued, for defendant-appellee. With him on the brief was Michael G. Kelber.

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

PLAGER, Circuit Judge.

This case raises issues of priorities among conflicting federal laws, as well as federal preemption of state law. Specifically, the questions raised are whether a federal unfair competition claim irreconcilably conflicts with and is therefore barred by federal patent or antitrust law; and whether, under the same or similar circumstances, the federal law preempts state unfair competition claims.

Exzec, Inc. ("Exzec") alleged that Elo...

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