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3M INNOVATIVE PROPERTIES COMPANY v. AVERY DENNISON CORPORATION

No. 03-1203.

350 F.3d 1365 (2003)

3M INNOVATIVE PROPERTIES COMPANY and Minnesota Mining and Manufacturing Company, Plaintiffs-Appellants, v. AVERY DENNISON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied January 20, 2004.

Attorney(s) appearing for the Case

Frank P. Porcelli, Fish & Richardson, P.C., of Boston Massachusetts, argued for plaintiffs-appellants. With him on the brief were Frank E. Scherkenbach, Robert E. Hillman, Gregory A. Madera, and Kurt L. Glitzenstein; and John C. Adkisson, Fish & Richardson, P.C., of Minneapolis, Minnesota. Of counsel on the brief was Kevin H. Rhodes, 3M Innovative Properties Company, of St. Paul, Minnesota.

Roderick G. Dorman, Hennigan, Bennett & Dorman LLP, of Los Angeles, California, argued for defendant-appellee. With him on the brief were Lawrence M. Hadley and Armand F. Ayazi. Of counsel on the brief was Jay R. Campbell, Renner Otto Boisselle & Sklar, of Cleveland, Ohio.

Before MICHEL, CLEVENGER and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 20, 2004.

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

CLEVENGER, Circuit Judge.

Plaintiffs-Appellants 3M Innovative Properties Company and Minnesota Mining and Manufacturing Company (collectively "3M") sued Defendant-Appellee Avery Dennison ("Avery") for infringement of claim 1 of U.S. Patent No. 5,897,930 ("the '930 patent") in the United States...

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