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ELBEX VIDEO, LTD. v. SENSORMATIC ELECTRONICS CORP.

No. 2007-1097.

508 F.3d 1366 (2007)

ELBEX VIDEO, LTD., Plaintiff-Appellant, v. SENSORMATIC ELECTRONICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 28, 2007.

Attorney(s) appearing for the Case

Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., of New York, NY, argued for plaintiff-appellant. With him on the brief was Steven Stern.

Mark L. Levine, Bartlit, Beck, Herman, Palenchar & Scott LLP, of Chicago, IL, argued for the defendant-appellee. With him on the brief was Alan E. Littmann.

Before DYK and MOORE, Circuit Judges, COTE, District Judge.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by District Judge COTE.

MOORE, Circuit Judge.

Elbex Video, Ltd. (Elbex) appeals from the grant of summary judgment in favor of Sensormatic Electronics Corp. (Sensormatic) by the United States District Court for the Southern District of New York. Elbex Video, Ltd. v. Sensormatic Elecs. Corp., No. 04-CIV-9530 (RO), 2006 WL 2588139 (S.D.N.Y. Sept. 6, 2006) (SJ Order). The...

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