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OLD TOWN CANOE CO. v. CONFLUENCE HOLDINGS CORP.

Nos. 05-1123, 05-1148.

448 F.3d 1309 (2006)

OLD TOWN CANOE COMPANY, Plaintiff-Appellant, v. CONFLUENCE HOLDINGS CORP., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

May 9, 2006.

Attorney(s) appearing for the Case

Edward E. Vassallo, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiff-appellant. With him on the brief was Douglas Sharrott. Also on the brief was Mark J. Lee, Brownlie Evans Wolf & Lee, LLP, of Bellingham, Washington.

Hadrian R. Katz, Arnold & Porter LLP, of Washington, DC, argued for defendant-cross appellant. With him on the brief was Joseph A. Micallef.

Before MAYER, SCHALL, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge LINN.

Dissenting opinion filed by Circuit Judge MAYER.

LINN, Circuit Judge.

Old Town Canoe Company ("Old Town") appeals from the grant of Confluence Holdings Corp.'s ("Confluence") motion for judgment as a matter of law ("JMOL") of noninfringement of U.S. Patent No. 4,836,963 (filed May 26, 1987) ("the '963 patent"). See Old Town Canoe Co. v. Confluence Holdings Corp., No. 02-CV-0093 (D.Or. Nov. 10...

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