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CATERPILLAR INC. v. DEERE & CO.

No. 99-1593.

224 F.3d 1374 (2000)

CATERPILLAR INC., Plaintiff-Appellant, v. DEERE & COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Rehearing Declined October 23, 2000.

Attorney(s) appearing for the Case

William K. West, Jr., Howry Simon Arnold & White, LLP, of Washington, DC argued for plaintiff-appellant. On the brief were Michael O. Warnecke and David R. Melton, Mayer, Brown & Platt, of Chicago, Illinois, and Kenneth S. Geller and Donald M. Falk, Mayer, Brown & Platt, of Washington, DC, Of counsel were Michael R. Feagley and Robert S. Rigg, of Chicago, Illinois.

Keith V. Rockey, Rockey, Milnamow & Katz, Ltd., of Chicago, Illinois, argued for defendant-appellee. With him on the brief were Thomas C. Elliott, Jr., and Kathleen A. Lyons. Of counsel on the brief were Raymond L. Hollister and Kevin J. Moriarty, Deere & Company, of Moline, Illinois.

Before MAYER, Chief Judge, PLAGER and LOURIE, Circuit Judges.

Rehearing Denied; Rehearing En Banc Declined October 23, 2000.

Opinion for the court filed by Chief Judge MAYER in which Circuit Judge PLAGER joins. Concurring opinion filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge LOURIE.

MAYER, Chief Judge.

Caterpillar, Inc. appeals the judgment of the United States District Court for the Northern District of Illinois granting Deere & Company's motion for summary judgment that its model...

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