Rehearing and Rehearing En Banc May 6, 2004.
BRYSON, Circuit Judge.
Dr. Harry Gaus filed this patent infringement action in the United States District Court for the Southern District of New York, No. 94 Civ. 5693, alleging that certain of Conair Corporation's hairdryers infringed his patent, U.S. Patent No. 4,589,047 ("the '047 patent"). The district court granted Conair's motion for summary judgment that Conair's devices did not literally infringe the '047...
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