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M. EAGLES TOOL WAREHOUSE v. FISHER TOOLING CO.

Nos. 05-1224, 05-1228.

439 F.3d 1335 (2006)

M. EAGLES TOOL WAREHOUSE, INC. (doing business as S & G Tool Aid Corp.), Plaintiff-Cross Appellant, v. FISHER TOOLING COMPANY, INC. (doing business as Astro Pneumatic Tool Co.), Defendant-Appellant, and Stephen Fisher, Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 22, 2006.

Attorney(s) appearing for the Case

Harold James, Epstein Drangel Bazerman & James LLP, of New York, New York, argued for plaintiff-cross appellant.

Louis S. Mastriani, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC, argued for defendant-appellant. With him on the brief was Michael L. Doane.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Fisher Tool Company, Inc., doing business as Astro Pneumatic Tool Company ("Astro"), appeals from the decision of the United States District Court for the District of New Jersey granting summary judgment in favor of M. Eagles Tool Warehouse, Inc., doing business as S & G Tool Aid Corp. ("S & G"). The court held that U.S. Patent 5,259,914 ("the '914 patent") is unenforceable due to inequitable conduct, that Astro violated 15 U.S.C. &...

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