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BALL AEROSOL AND SPEC. CONTAINER v. LIMITED BRANDS

No. 2008-1333.

555 F.3d 984 (2009)

BALL AEROSOL AND SPECIALTY CONTAINER, INC., Plaintiff-Appellee, v. LIMITED BRANDS, INC., Bath & Body Works, Inc., Henri Bendel, Inc., and Bath & Body Works, Inc. (doing business as The White Barn Candle Co.), Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 9, 2009.

Attorney(s) appearing for the Case

McPherson D. Moore, Polster, Lieder, Woodruff & Lucchesi, L.C., of St. Louis, MO, argued for plaintiff-appellee. With him on the brief were Douglas D. Churovich and William B. Cunningham, Jr.

Gregory A. Castanias, Jones Day, of Washington, DC, argued for defendant-appellant. With him on the brief were Luke, A. Sobota and Marc S. Blackman, Jones Day, of Chicago, IL; and John F. Ward, David M. Hill and Michael J. Zinna, Ward & Olivo, of New York, NY.

Before LOURIE, CLEVENGER, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

Limited Brands, Inc., Bath & Body Works, Inc., Henri Bendel, Inc., and Bath & Body Works, Inc. doing business as The White Barn Candle Co. (collectively, "Limited") appeal from the final judgment of the United States District Court for the Northern District of Illinois granting summary judgment of validity and infringement of U.S. Patent 6,457,969 ("the '969 patent"), awarding damages, and denying a motion for reconsideration. See...

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