No. 00-1501-1563.

275 F.3d 1347 (2001)

LNP ENGINEERING PLASTICS, INC. and Kawasaki Chemical Holding Co., Inc., Plaintiffs-Appellants, v. MILLER WASTE MILLS, INC. (trading as RTP Company), Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied February 19, 2002.

Attorney(s) appearing for the Case

Thomas B. Kenworthy, Morgan, Lewis, of Philadelphia, Pennsylvania, argued for plaintiffs-appellants. With him on the brief were John V. Gorman and Gayle R. Gilgore, Morgan, Lewis & Bockius LLP, of Philadelphia, Pennsylvania. Of counsel on the brief were William W. Schwarze and Lynda L. Calderone, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of Philadelphia, Pennsylvania.

Raphael V. Lupo, McDermott, Will & Emery, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Donna M. Tanguay and Mark G. Davis, of Washington, DC, and Margaret M. Duncan, of Chicago, Illinois. Of counsel on the brief was Karen Jacobs Louden, of Wilmington, Delaware.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 19, 2002.

RADER, Circuit Judge.

After the jury returned its verdict, both plaintiffs, LNP Engineering Plastics, Inc., and Kawasaki Chemical Holding Co., Inc. (collectively LNP), and defendant, Miller Waste Mills, Inc. (trading as RTP Company), filed various motions including motions for judgment as a matter of law (JMOL). The United States District Court for the District of Delaware granted various of these motions...

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