FIELDTURF v. SOUTHWEST RECREATIONAL INDUSTRIES

No. 03-1167.

357 F.3d 1266 (2004)

FIELDTURF, INC. and Fieldturf International, Inc., Plaintiffs-Appellants, v. SOUTHWEST RECREATIONAL INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: February 4, 2004.


Attorney(s) appearing for the Case

Jonathan S. Franklin, Hogan & Hartson L.L.P., of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Christopher T. Handman and Chanel A. Reedy; and William F. Haigney, Hogan & Hartson L.L.P., of New York, New York. Of counsel on the brief were Arthur S. Beeman, Susan L. Williams, Thomas P. O'Brien III, and Peter J. Stavros, Frost Brown Todd, LLC, of Louisville, KY.

P. Douglas Barr, Stoll, Keenon & Park LLP, of Lexington, KY, argued for defendant-appellee. With him on the brief was Diane M. Carlton. Of counsel were Gwendolyn R. Pinson and Cynthia L. Higgs.

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


MAYER, Chief Judge.

Fieldturf, Inc. and Fieldturf International, Inc. ("Fieldturf"), the purported exclusive licensees of U.S. Patent No. 4,337,283 ("'283 patent"), appeal the judgment of the United States District Court for the Eastern District of Kentucky dismissing with prejudice claims alleging violations of the Sherman Antitrust Act, the Lanham Act, the Kentucky Consumer Protection Act, the common law of the Commonwealth of Kentucky, and, most relevant here,...

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