FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI

No. 95-1066.

234 F.3d 558 (2000)

FESTO CORPORATION, Plaintiff-Appellee, v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., a/k/a SMC Corporation, and SMC Pneumatics, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: November 29, 2000.


Attorney(s) appearing for the Case

Charles R. Hoffmann, Hoffmann & Baron, LLP, of Syosset, New York, argued for plaintiff-appellee. With him on the brief were Gerald T. Bodner, Glenn T. Henneberger, and Anthony E. Bennett.

Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, Virginia, argued for defendants-appellants. Of counsel on the brief were Charles L. Gholz, and Robert T. Pous. Also of counsel on the brief was James B. Lampert, Hale and Dorr, of Boston, Massachusetts.

J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for amicus curiae American Intellectual Property Law Association. With him on the brief was Louis T. Pirkey, President, of Arlington, Virginia. Of counsel on the brief was Joseph R. Re, Knobbe, Martens, Olson & Bear, L.L.P., of Newport Beach, California.

Frederick A. Lorig, Bright & Lorig, of Los Angeles, California, for amicus curiae Litton Systems, Inc. Of counsel on the brief were John G. Roberts, Jr. and Catherine E. Stetson, Hogan & Hartson L.L.P., of Washington, DC. Also of counsel on the brief were Rory J. Radding, Pennie & Edmonds L.L.P., of New York, New York; and Stanton T. Lawrence, III and Carl P. Bretscher, Pennie & Edmonds L.L.P., of Washington, DC.

William P. Atkins, Pillsbury, Madison & Sutro LLP, of Washington, DC, for amicus curiae, The Patent, Trademark & Copyright Section of The Bar Association of The District of Columbia. With him on the brief were Kendrew H. Colton, Michael A. Conley, Shamita D. Etienne-Cummings and Barbara M. Flaherty.

Roddy M. Bullock, of Cincinnati, Ohio, for amicus curiae The Procter & Gamble Company.

Morgan Chu, Irell & Manella LLP, of Los Angeles, California, for amicus curiae Hewlett-Packard Company. Of counsel on the brief were Perry M. Goldberg and Laura W. Brill.

Christopher A. Hughes, Morgan & Finnegan, L.L.P., of New York, New York, for amici curiae International Business Machines Corporation; Eastman Kodak Company; and Ford Motor Company. Also on the brief was Mark J. Abate. Of counsel on the brief were Frederick T. Boehm, Kevin M. Jordan, Pryor A. Garnett and Mark F. Chadurjian, IBM Corporation, Armonk, New York. Also of counsel on the brief was J. Jeffrey Hawley, Eastman Kodak Company, Rochester, New York; and Roger L. May, Ford Motor Company, Dearborn, Michigan.

Jonathan M. Harris, Conley, Rose & Tayon, P.C., of Houston, Texas, for amicus curiae Houston Intellectual Property Law Association. Of counsel on the brief was James W. Repass, Fulbright & Jaworski, of Houston, Texas.

Before MAYER, Chief Judge, NEWMAN, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge SCHALL, in which Chief Judge MAYER and Circuit Judges PLAGER, LOURIE, CLEVENGER, BRYSON, GAJARSA, and DYK join; in which Circuit Judges MICHEL, RADER, and LINN join with respect to PARTS III-A, III-B, and III-D; and in which Circuit Judge MICHEL joins with respect to PART III-E.

Concurring opinion filed by Circuit Judge PLAGER.

Concurring opinion filed by Circuit Judge LOURIE.

Opinion concurring-in-part...

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