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FREEDMAN SEATING CO. v. AMERICAN SEATING CO.

Nos. 04-1216, 04-1248.

420 F.3d 1350 (2005)

FREEDMAN SEATING COMPANY, Plaintiff-Cross Appellant, v. AMERICAN SEATING COMPANY and Hi-Tech Seating Products, Inc (doing business as Kustom Fit), Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 11, 2005.

Attorney(s) appearing for the Case

Richard D. Harris, Greenberg Traurig, LLP, of Chicago, Illinois, argued for plaintiff-cross appellant. With him on the brief were Herbert H. Finn and Jeffrey P. Dunning.

Todd R. Dickinson, Fisher & Dickinson, of Ada, Michigan, argued for defendants-appellants. Of counsel on the brief were Conrad J. Clark and Christopher W. Brody, Clark & Brody, of Washington, DC.

Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and SCHALL, Circuit Judge.

SCHALL, Circuit Judge.

This is a patent infringement case. Freedman Seating Company ("Freedman") sued American Seating Company and Hi-Tech Seating Products (doing business as Kustom Fit) (collectively, "American Seating") in the United States District Court for the Central District of California for infringement of U.S. Patent No. 5,492,389 (issued Feb. 20, 1996) ("the '389 patent") and for unfair competition in violation of the Lanham Act, 15 U.S.C. § 1125 ...

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