MIKEN COMPOSITES v. WILSON SPORTING GOODS CO.

No. 2006-1628.

515 F.3d 1331 (2008)

MIKEN COMPOSITES; L.L.C., Plaintiff-Appellee, v. WILSON SPORTING GOODS COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 6, 2008.


Attorney(s) appearing for the Case

Julian Wing-Kai Poon, Gibson Dunn & Crutcher, LLP, of Los Angeles, CA, argued for plaintiff-appellee. On the brief were Wayne M. Barsky and S. Ashlie Beringer. Of counsel were Aileen Y. Mo, of San Francisco and Miguel A. Estrada, of Washington, DC. Of counsel on the brief were Michael H. Streater, Briggs & Morgan, P.A., of Minneapolis, MN, and Kurt J. Niederluecke, Frederickson & Byron, P.A., of Minneapolis, MN.

Michael R. Levinson, Seyfarth Shaw LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief was Louis S. Chronowski. Of counsel on the brief was Jeffery A. Key, Key & Associates, of Chicago, IL.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.


LINN, Circuit Judge.

Litigation stemming from the enforcement of U.S. Patent No. 5,415,398 ("the '398 patent") returns to this court for the third time, having visited us on two prior occasions in appeals from two different suits against two other accused infringers. See Wilson Sporting Goods Co. v. Hillerich & Bradsby Co., 442 F.3d 1322 (Fed. Cir.2006); DeMarini Sports, Inc. v. Worth, Inc., 239 F...

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