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AERO PRODUCTS INTERNATIONAL, INC. v. INTEX RECREATION CORP.

No. 05-1283.

466 F.3d 1000 (2006)

AERO PRODUCTS INTERNATIONAL, INC. and ROBERT B. CHAFFEE, Plaintiffs-Appellees, v. INTEX RECREATION CORP., QUALITY TRADING, INC., and WAL-MART STORES, INC., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: October 2, 2006.

Attorney(s) appearing for the Case

Michael P. Chu, Brinks Hofer Gilson & Lione, of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were William H. Frankel, Meredith Martin Addy, Mark H. Remus, and David H. Bluestone.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief were Kara F. Stoll and Edward J. Naidich.

Before RADER, SCHALL, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Concurring opinion filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

Aero Products International, Inc. ("Aero Products") and Robert B. Chaffee (collectively "Aero") sued Intex Recreation Corp. ("Intex"), Quality Trading, Inc. ("Quality Trading"), and Wal-Mart Stores, Inc. ("Wal-Mart") (collectively "defendants") in the United States District Court for the Northern District of Illinois for infringement of...

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