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VANMOOR v. WAL-MART STORES, INC.

Nos. 99-1190, 99-1256.

201 F.3d 1363 (2000)

Arthur VANMOOR (formerly known as Arthur Vanmoerkerken), Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant, and Builder's Square, Inc., Defendant-Appellee, and Home Depot USA, Inc. (doing business as Home Depot) and Red Devil, Inc., Defendants-Appellees, and Sonoco Products Company, Defendant-Appellee, and Federal Packaging Corporation, Defendant-Appellee, and The Glidden Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 7, 2000.

Attorney(s) appearing for the Case

Jack E. Dominik, Dominik, Knechtel, Demeur & Samlan, of Miami Lakes, Florida, argued for plaintiff-appellant.

Blas P. Arroyo, Alston & Bird, of Charlotte, North Carolina, argued for defendants-appellees. On the brief were Philip J. Moy, Jr. and Steven M. Auvil, Fay, Sharpe, Beall, Fagan, Minnich & McKee, LLP, of Cleveland, Ohio; Andrew C. Aitken, Clifton E. McCann, and Ralph P. Albrecht, Lane, Aitken & McCann, of Washington, DC; Everett J. Bowman, Robinson, Bradshaw & Hinson, P.A., of Charlotte, North Carolina; and Jay B. Shapiro, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., of Miami, Florida. Of counsel was Shelley H. Leincke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., of Fort Lauderdale, Florida.

Before MAYER, Chief Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

MAYER, Chief Judge.

Arthur Vanmoor appeals the judgment of the United States District Court for the Southern District of Florida, holding on summary judgment that United States Patent No. 5,582,331 is invalid under 35 U.S.C. § 102(b) and that Vanmoor's trade secrets had not been misappropriated. Vanmoor v. Wal-Mart, Inc., Civ. Action No. 97-CIV-6907 (S.D.Fla. Dec. 15, 1998) (final judgment order).1 Because we agree with the...

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