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HOCKERSON-HALBERSTADT v. AVIA GROUP INTERN.

No. 99-1505.

222 F.3d 951 (2000)

HOCKERSON-HALBERSTADT, INC., Plaintiff/Counterclaim Defendant-Appellant, and American Sporting Goods Corp., Counterclaim Defendant, v. AVIA GROUP INTERNATIONAL, INC., Defendant/Counterclaimant-Appellee, and Reebok International, Ltd., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 27, 2000.

Attorney(s) appearing for the Case

Richard E. Backus, Flehr Horbach Test Albritton & Herbert LLP, of San Francisco, California, argued for plaintiff/counter-claim defendant-appellant. With him on the brief was Todd A. Lorenz.

David K.S. Cornwell, Sterne, Kessler, Goldstein & Fox, P.L.L.C., of Washington, DC, argued for defendant/counterclaimant-appellee. With him on the brief were Linda E. Alcorn, and Albert L. Ferro. Of counsel on the brief was D. Peter Harvey, Mussman & Harvey L.L.P., of San Francisco, California.

Before MAYER, Chief Judge, CLEVENGER and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Hockerson-Halberstadt, Inc. ("HHI") sued Avia Group International, Inc. ("Avia") for infringement of U.S. Patent No. 4,259,792 ("the '792 patent"), covering an article of outer footwear, in the United States District Court for the Northern District of California. Following the district court's claim construction, the parties entered into a proposed order in which HHI stipulated to non-infringement and agreed to dismiss its claims with prejudice...

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