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FISHER TOOL CO., INC. v. GILLET OUTILLAGE

Nos. 06-55996, 06-56165.

530 F.3d 1063 (2008)

FISHER TOOL COMPANY, INC.; Yu Feng Industrial Company, Ltd., a Taiwanese corporation, Plaintiffs-Appellants, v. GILLET OUTILLAGE, a French corporation, Defendant, and Mayhew Steel Products, Inc., a Massachusetts corporation; Matthews Collins Shepherd and McKay, a New Jersey partnership, Defendants-Appellees. Fisher Tool Company, Inc.; Yu Feng Industrial Company, Ltd., a Taiwanese corporation, Plaintiffs-Appellants, v. Gillet Outillage, a French corporation, Defendant-Appellee, and Mayhew Steel Products, Inc., a Massachusetts corporation; Matthews Collins Shepherd and McKay, a New Jersey partnership, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2008.

Attorney(s) appearing for the Case

Louis S. Mastriani, Michael G. McManus, Rodney R. Sweetland, III and David F. Nickel, Adduci, Mastriani & Schaumberg, L.L.P., Washington, DC, for the plaintiffs-appellants.

Maryam Shokrai, Wayne W. Call and Melinda Evans, Call, Jensen & Ferrell, Newport Beach, CA, for defendant-appellee Gillet Outillage.

Daniel F. Lula and Daniel L. Rasmussen, Payne & Fears LLP, Irvine, CA, for defendant-appellee Mathews, Collins, Shepherd & McKay, P.A.

Michael J. Coyne and Benjamin M. Coyle, Bacon & Wilson, P.C., Springfield, Massachusetts and Joseph F. Coyne, Jr., Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, CA, for defendant-appellee Mayhew Steel Products, Inc.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN and W. FLETCHER, Circuit Judges.

KOZINSKI, Chief Judge:

Defendant Gillet Outillage is a French company that makes hose clamp pliers; it owns French and U.S. patents on the pliers' design. When Gillet discovered that plaintiffs were selling similar pliers in the United States, the company sued them for patent infringement. But the lawsuit didn't go as well as Gillet hoped: The district court construed the patent's claims narrowly at a pre-trial Markman hearing; after that setback Gillet dropped...

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