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McGINLEY v. FRANKLIN SPORTS, INC.

No. 98-2225-JWL.

92 F.Supp.2d 1216 (2000)

Michael L. McGINLEY, Plaintiff, v. FRANKLIN SPORTS, INC., Defendant.

United States District Court, D. Kansas.

April 5, 2000.

Attorney(s) appearing for the Case

Karen D. Renwick, Thomas V. Bender, Kip D. Richards, Walters, Bender, Strohbehn & Vaughan, P.C., Kansas City, MO, for Plaintiff.

Joseph B. Bowman, Shana J. Long, Daniel P. Devers, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Defendant.

Lawrence L. Ferree, III, Ferree, Bunn, O'Grady & Rundberg, Chtd., Overland Park, KS, for Intervenor.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this patent infringement case, plaintiff alleges that defendant's distribution and sale of baseball pitching trainer devices infringe certain claims of United States Patent No. 5,407,193. After summary judgment was granted in favor of plaintiff on the issue of infringement but denied on the issue of validity, see McGinley v. Franklin Sports, Inc., 75 F.Supp.2d 1218

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