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JUICY WHIP, INC. v. ORANGE BANG, INC.

No. 03-1609.

382 F.3d 1367 (2004)

JUICY WHIP, INC., Plaintiff-Appellant, v. ORANGE BANG, INC., Unique Beverage Dispensers, Inc., David Fox, and Bruce Burwick, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 3, 2004.

Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks Kushman, P.C., of Southfield, MI, argued for plaintiff-appellant. With him on the brief were Frank A. Angileri and William G. Abbatt.

Jeffrey A. Schwab, Abelman, Frayne & Schwab, of New York, NY, argued for defendants-appellees. With him on the brief were Anthony A. Coppola and Richard L. Crisona.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

This is the latest appeal in the lengthy litigation between Juicy Whip, Inc. ("Juicy Whip"), the patentee of a beverage dispenser, and the defendants (collectively, "Orange Bang"), accused infringers. Following our previous decision reversing a judgment of invalidity and unenforceability of Juicy Whip's patent by the United States District Court for the Central District of California, Juicy Whip, Inc. v. Orange Bang, Inc.,

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