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ROTHMAN v. TARGET CORP.

No. 2008-1375.

556 F.3d 1310 (2009)

Line ROTHMAN and Glamourmom LLC, Plaintiffs-Appellants, v. TARGET CORP., Kohl's Department Stores, Inc., J.C. Penney Company, Inc., Redcats USA, L.P. (doing business as Lane Bryant Catalog), Elizabeth Lange LLC (doing business as Liz Lange Maternity), and Leading Lady, Defendants-Appellees, and Motherswear International, Defendant-Appellee, and Federated Department Stores, Macy's Department Stores, Inc., K-Mart Corp., and Sears Holding Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

February 13, 2009.

Attorney(s) appearing for the Case

John F. Sweeney, Morgan & Finnegan, LLP, of New York, NY, argued for plaintiffs-appellants.

R. Terrance Rader, Rader, Fishman & Grauer PLLC, of Bloomfield Hills, MI, argued for all defendants-appellees. With him on the brief were Charles W. Bradley, Kristin L. Murphy, and James F. Kamp.

Robert J. Schoenberg, Riker, Danzig, Scherer, Hyland & Perretti LLP, of Morristown, NJ, for defendant-appellee Motherwear International, Inc.

Before RADER, FRIEDMAN, and BRYSON, Circuit Judges.

RADER, Circuit Judge.

By jury verdict, the United States District Court for the District of New Jersey found claims 1, 5, and 12 of U.S. Patent No. 6,855,029 ("the '029 patent") invalid. In addition, the jury declined to find infringement by appellee Motherwear International ("Motherwear"). The jury also found the '029 patent unenforceable due to inequitable conduct. The district court sustained the jury's verdict on all...

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