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McGINLEY v. FRANKLIN SPORTS, INC.

Nos. 00-1324, 01-1113.

262 F.3d 1339 (2001)

Michael L. McGINLEY, Plaintiff-Appellant, v. FRANKLIN SPORTS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 17, 2001.

Attorney(s) appearing for the Case

Kip D. Richards, Walters Bender Strohbehn & Vaughn, P.C., of Kansas City, Missouri, argued for plaintiff-appellant.

Joseph B. Bowman, Shook, Hardy & Bacon L.L.P., of Kansas City, Missouri, argued for defendant-cross appellant. Of counsel was Daniel P. Devers.

Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 17, 2001.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge MICHEL.

CLEVENGER, Circuit Judge.

This is a patent infringement suit in which Michael L. McGinley charges Franklin Sports, Inc. ("FSI") with willful infringement of claims 1, 2, 6, and 7 of U.S. Patent No. 5,407,193 ("the '193 patent"). On summary judgment, the United States District...

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