BOTTOM LINE MANAGEMENT, INC. v. PAN MAN, INC.

No. 99-1467.

228 F.3d 1352 (2000)

BOTTOM LINE MANAGEMENT, INC., Plaintiff-Appellant, v. PAN MAN, INC. and Garry T. Less, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: October 4, 2000.


Attorney(s) appearing for the Case

James R. Higgins, Jr., Middleton & Reutlinger, of Louisville, Kentucky, argued for plaintiff-appellant. With him on the brief were Charles G. Lamb, Dennis D. Murrell, and Thomas P. O'Brien, III.

John H. Ward, Much Shelist Freed Denenberg Ament & Rubenstein, P.C., of Chicago, Illinois, argued for defendants-appellees. With him on the brief was Lorne T. Saeks.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

Once again, we must determine whether certain refurbishment of a patented article constitutes permissible repair or infringing reconstruction. The district court held that what was done here was repair. We affirm.

I

This case involves commercial two-sided cooking devices used primarily to cook hamburgers in fast-food restaurants. These devices have a clam shell design, with a lower half that rests on a work surface...

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