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DSW, INC. v. SHOE PAVILION, INC.

No. 2008-1085.

537 F.3d 1342 (2008)

DSW, INC. and DSW Shoe Warehouse, Inc., Plaintiffs-Appellants, v. SHOE PAVILION, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 2008.

Attorney(s) appearing for the Case

Theodore R. Remaklus, Wood, Herron & Evans, L.L.P., of Cincinnati, OH, argued for plaintiffs-appellants.

JoAnna M. Esty, Venable LLP, of Los Angeles, CA, argued for defendant-appellee.

Before MAYER, SCHALL and LINN, Circuit Judges.

MAYER, Circuit Judge.

DSW, Inc. and DSW Shoe Warehouse, Inc. (together "DSW"), appeal the judgment of the United States District Court for the Central District of California, granting summary judgment of non-infringement of U.S. Patent No. 6,948,622 ("′622 patent") in favor of Shoe Pavilion, Inc. ("Shoe Pavilion"), and summary judgment of no liability for damages for past infringement of U.S. Patent No. D 495,172 ("′172 patent") and the ′622 patent...

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