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FREE MOTION FITNESS, INC. v. CYBEX INTERN., INC.

No. 05-1006.

423 F.3d 1343 (2005)

FREE MOTION FITNESS, INC., (formerly known as Ground Zero Design Corporation), Plaintiff-Appellant, v. CYBEX INTERNATIONAL, INC., Defendant-Appellee. Free Motion Fitness, Inc. (formerly known as Ground Zero Design Corporation), Plaintiff-Appellant, v. The Nautilus Group, Inc. (formerly known as Direct Focus, Inc.) and Nautilus Human Performance Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 3, 2005.

Attorney(s) appearing for the Case

Larry R. Laycock, Workman Nydegger, of Salt Lake City, Utah, argued for plaintiff-appellant. With him on the brief were Thomas R. Vuksinick and David R. Todd.

Casey K. McGarvey, Berman & Savage, P.C., of Salt Lake City, Utah, argued for defendant-appellee Cybex International, Inc. With him on the brief was E. Scott Savage.

Paul T. Meiklejohn, Dorsey & Whitney LLP, of Seattle, Washington, argued for defendants-appellees The Nautilus Group, Inc., et al. With him on the brief was David M. Jacobson.

Before RADER, DYK, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 3, 2005.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge PROST.

DYK, Circuit Judge.

Free Motion Fitness, Inc. (formerly known as Ground Zero Design Corporation) ("Free Motion") appeals from the judgment of the United States District Court for the District of Utah holding that Cybex International, Inc. ("Cybex") and...

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