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AGRIZAP, INC. v. WOODSTREAM CORP.

Nos. 2007-1415, 2007-1421.

520 F.3d 1337 (2008)

AGRIZAP, INC., Plaintiff-Cross Appellant, v. WOODSTREAM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 28, 2008.

Attorney(s) appearing for the Case

Joel Mark, Nordman Cormany Hair & Compton LLP, of Oxnard, CA, argued for plaintiff-cross appellant. With him on the brief was Brook J. Carroll.

Michael R. Slobasky, Jacobson Holman PLLC, of Washington, DC, argued for defendant-appellant. With him on the brief were Philip L. O'Neill and N. Whitney Wilson.

Before BRYSON and MOORE, Circuit Judges, and WOLLE, Senior District Judge.

MOORE, Circuit Judge.

Agrizap, Inc. has sued Woodstream Corporation in the United States District Court for the Eastern District of Pennsylvania for fraudulent misrepresentation and infringement of U.S. Patent No. 5,949,636 (the '636 patent), which pertains to an electronic rodent-killing device. Woodstream appeals the district court's denial of its motion for judgment as a matter of law (JMOL) for no fraudulent misrepresentation. Woodstream also appeals the denial...

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