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FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD.

No. 95-1066.

172 F.3d 1361 (1999)

FESTO CORPORATION, Plaintiff-Appellee, v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., a/k/a SMC Corporation, and SMC Pneumatics, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

April 19, 1999.

Attorney(s) appearing for the Case

Charles R. Hoffman, Hoffman & Baron, of Jericho, New York, for plaintiff-appellee. with him on the brief was Gerald T. Bodner.

Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, Virginia, for defendants-appellants.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This case returns to us upon grant of certiorari by the United States Supreme Court, followed by vacatur and remand for further consideration in light of the Court's decision in Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 117 S.Ct. 1040, 137 L.Ed.2d 146, 41 USPQ2d 1865 (1997).1 We now affirm the district court's judgment with respect to infringement...

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