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JUICY WHIP, INC. v. ORANGE BANG, INC.

No. 98-1379.

185 F.3d 1364 (1999)

JUICY WHIP, INC., Plaintiff-Appellant, v. ORANGE BANG, INC. and Unique Beverage Dispensers, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 6, 1999.

Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks & Kushman, P.C., Southfield, Michigan, argued for plaintiff-appellant. With him on the brief were Frank A. Angileri, William G. Abbatt, and John E. Nemazi.

Michael A. Painter, Isaacman, Kaufman & Painter, Beverly Hills, California, argued for defendants-appellees.

Before RICH, SCHALL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The district court in this case held a patent invalid for lack of utility on the ground that the patented invention was designed to deceive customers by imitating another product and thereby increasing sales of a particular good. We reverse and remand.

I

Juicy Whip, Inc., is the assignee of United States Patent No. 5,575,405, which is entitled "Post-Mix Beverage Dispenser With an Associated Simulated Display of Beverage." A...

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