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ZODIAC POOL CARE, INC. v. HOFFINGER INDUSTRIES

Nos. 99-1224, 99-1233.

206 F.3d 1408 (2000)

ZODIAC POOL CARE, INC., (formerly known as Baracuda International Corporation) Plaintiff-Appellant, v. HOFFINGER INDUSTRIES, INC., Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 19, 2000.

Attorney(s) appearing for the Case

Caroline W. Spangenberg, Kilpatrick Stockton LLP, of Atlanta, Georgia, argued for plaintiff-appellant. With her on the brief were Dean W. Russell, Mitchell G. Stockwell, and Camilla C. Williams.

Timothy J. Buckley III, Finley & Buckley, P.C., of Atlanta, GA, argued for defendant-cross appellant.

Before BRYSON, Circuit Judge, SKELTON, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 19, 2000.

Opinion for the court filed by Circuit Judge GAJARSA. Circuit Judge

BRYSON concurs in part and dissents in part.

GAJARSA, Circuit Judge.

DECISION

Zodiac Pool Care, Inc. ("Zodiac") is the assignee of U.S. Patent Nos. 4,133,068 ("the '068 patent") and 5,014,382 ("the '382 patent"). In 1996, Zodiac sued Hoffinger Industries, Inc. ("Hoffinger") in the United States District Court for...

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