Nos. 99-1561, 99-1583.

239 F.3d 1314 (2001)

DeMARINI SPORTS, INC., Plaintiff-Appellant, v. WORTH, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Theodore F. Shiells, Gardere & Wynne, L.L.P., of Dallas, Texas, argued for plaintiff-appellant. With him on the brief was Edward Jorgenson.

Mark J. Patterson, Waddey & Patterson, of Nashville, Tennessee, argued for defendant-cross appellant. With him on the brief was Edward D. Lanquist, Jr.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

DeMarini Sports, Inc. ("DeMarini") appeals from the decision of the United States District Court for the District of Oregon granting the motion of Worth, Inc. ("Worth") for summary judgment ("SJ") of non-infringement of DeMarini's U.S. Patent No. 5,415,398 ("the '398 patent") and denying the motion of DeMarini for summary judgment of infringement of claim 15 of the '398 patent literally and of claims 1, 2, 15, and 18 of the '398 patent under the...

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