GAUS v. CONAIR CORP.

Nos. 03-1295, 03-131.

363 F.3d 1284 (2004)

Dr. Harry GAUS, Plaintiff-Cross Appellant, v. CONAIR CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing May 6, 2004.


Attorney(s) appearing for the Case

Alan M. Anderson, Fulbright & Jaworski L.L.P., of Minneapolis, Minnesota, argued for plaintiff-cross appellant. With him on the brief were Arthur S. Beeman, Susan L. Williams, and Robert H. Eichenberger, Frost Brown Todd LLC, of Louisville, KY. Of counsel were Walter G. Hanchuk and Michael O. Cummings, Morgan & Finnegan, of New York, NY.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellant. With him on the brief were Kara F. Stoll, and Scott A. Herbst, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Palo Alto, CA. Of counsel on the brief was Albert L. Jacobs, Jr., Greenberg Traurig LLP, of New York, NY.

Before RADER, BRYSON, and DYK, Circuit Judges.


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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