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KOPYKAKE ENTERPRISES, INC. v. LUCKS CO.

No. 01-1015.

264 F.3d 1377 (2001)

KOPYKAKE ENTERPRISES, INC., Plaintiff-Appellee, v. THE LUCKS COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 10, 2001.

Attorney(s) appearing for the Case

William E. Thomson, Jr., McCutchen, Doyle, Brown & Enersen, LLP, of Los Angeles, California, argued for plaintiff-appellee.

E. Joseph Dean, Stoel Rives LLP, of Portland, Oregon, argued for defendant-appellant.

Before RADER, SCHALL, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK.

DYK, Circuit Judge.

The Lucks Company ("Lucks") appeals from the declaratory judgment of non-infringement entered by the United States District Court for the Central District of California in favor of Kopykake Enterprises, Inc. ("Kopykake"). Kopykake Enters., Inc. v. Lucks Co., No. CV 99-00354 FMC (CWx) (C.D.Cal. Aug. 31, 2000), amended by Kopykake Enters., Inc. v. Lucks Co., No. CV 99-00354 FMC...

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