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KOHUS v. TOYS R US, INC.

No. 01-1358.

282 F.3d 1355 (2002)

Louis M. KOHUS, Plaintiff-Appellant, v. Cosco, Inc., TOYS "R" US, INC. (doing business as Toys "R" Us and Babies "R" Us), R&R Resale, Inc. (doing business as Once Upon a Child), and the William Carter Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: March 13, 2002.

Attorney(s) appearing for the Case

Eric W. Richardson, Vorys, Sater, Seymour and Pease LLP, of Cincinnati, OH, argued for plaintiff-appellant.

Paul B. Hunt, Barnes & Thornburg, of Indianapolis, IN, argued for defendants-appellees. With him on the brief was Andrew B. Dzeguze.

Before MAYER, Chief Judge, DYK and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge DYK.

PROST, Circuit Judge.

Louis M. Kohus ("Kohus") sued Cosco, Inc., Toys "R" Us, Inc. and R&R Resale, Inc. (collectively "defendants") in the Southern District of Ohio for patent infringement and unjust enrichment.1 After the district court granted summary judgment of noninfringement and...

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