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Q-PHARMA, INC. v. ANDREW JERGENS COMPANY

No. 03-1184.

360 F.3d 1295 (2004)

Q-PHARMA, INC., Plaintiff-Appellee, v. The ANDREW JERGENS COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: March 8, 2004.

Attorney(s) appearing for the Case

Stuart R. Dunwoody, Davis Wright Tremaine LLP, of Seattle, WA, argued for plaintiff-appellee. With him on the brief was William R. Sherman.

Steven B. Kelber, Piper Rudnick, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Jerold I. Schneider and Raymond Millien.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

LOURIE, Circuit Judge.

The Andrew Jergens Company appeals from the decision of the United States District Court for the Western District of Washington denying its motion for Rule 11 sanctions against Q-Pharma, Inc. Q-Pharma, Inc. v. Andrew Jergens Corp., No. C01-1312P (W.D.Wash. Sept. 10, 2002) ("Rule 11 Order"). Jergens also appeals from the district court's decision denying attorney fees under 35 U.S.C. § 285 and granting summary judgment to Q...

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