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MARS, INC. v. H.J. HEINZ CO., L.P.

No. 03-1617.

377 F.3d 1369 (2004)

MARS, INC., Plaintiff-Appellant, v. H.J. HEINZ COMPANY, L.P., Heinz Management Company, and Del Monte Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied August 30, 2004.

Attorney(s) appearing for the Case

Raphael V. Lupo, McDermott, Will & Emery, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Mark G. Davis, Jennifer C. Chen and Bureden J. Warren. Of counsel on the brief were Linda L. Addison, Marc L. Delflache, C. Erik Hawes and John E. Schneider, Fulbright & Jaworski L.L.P., of Houston, TX. Also on the brief was Robert R. Schroeder, Mars, Incorporated, of McLean, VA.

E. Edward Bruce, Covington & Burling, of Washington, DC, argued for defendants-appellees. With him on the brief was Joseph E. Topmiller.

Before SCHALL, DYK and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 30, 2004.

DYK, Circuit Judge.

Appellant Mars, Inc. ("Mars") appeals the final judgment of the United States District Court for the Central District of California granting appellees H.J. Heinz Company, L.P., Heinz Management Company, and Del Monte Corporation (collectively "Heinz") summary judgment of non-infringement of U.S. Patent No. 6,312,746 (the "'746 patent"). Mars, Inc. v. H.J. Heinz Co., L.P., No...

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