HOCKERSON-HALBERSTADT, INC. v. CONVERSE INC.

No. 98-1501.

183 F.3d 1369 (1999)

HOCKERSON-HALBERSTADT, INC., Plaintiff-Appellant, v. CONVERSE INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 12, 1999.


Attorney(s) appearing for the Case

Richard E. Backus, Flehr Hohbach Test Albritton & Herbert LLP, of San Francisco, California, argued for plaintiff-appellant. With him on the brief was Lisa Marie Schull. Of counsel was James E. Uschold, of New Orleans, Louisiana.

Alan H. Norman, Howell & Haferkamp, L.C., of St. Louis, Missouri, argued for defendant-appellee. With him on the brief were John M. Howell and Anthony G. Simon.

Before RICH, RADER, and GAJARSA, Circuit Judges.


RADER, Circuit Judge.

The United States District Court for the Eastern District of Louisiana invalidated U.S. Patent No. 4,322,895 (the '895 patent) on the ground that Hockerson-Halberstadt, Inc. (HHI) impermissibly broadened its claims during reexamination. See Hockerson-Halberstadt, Inc. v. Nike, Inc., 4 F.Supp.2d 573 (E.D.La.1998). Because Converse has not shown that HHI's reexamined claims encompass subject matter...

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