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GARBER v. CHICAGO MERCANTILE EXCHANGE

Nos. 2009-1047, 2009-1384.

570 F.3d 1361 (2009)

Howard B. GARBER, Plaintiff-Appellant, v. CHICAGO MERCANTILE EXCHANGE and Chicago Board of Trade, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 26, 2009.

Attorney(s) appearing for the Case

Andrew Staes, Staes & Scallan, P.C., of Chicago, IL, argued for plaintiff-appellant. With him on the brief was Stephen Scallan.

Jerrold E. Salzman, Skadden, Arps, Slate, Meagher & Flom LLP, of Chicago, IL, argued for defendants-appellees. With him on the brief was Gretchen M. Wolf.

Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.

LOURIE, Circuit Judge.

Howard Garber appeals from the decision of the U.S. District Court for the Northern District of Illinois denying Garber's motion for relief pursuant to Fed. R.Civ.P. 60(b). Garber v. Chi. Mercantile Exch., No. 04-CV-03238, 2008 WL 4274191 (N.D.Ill. July 15, 2008) (Dkt. No. 63). Because the district court erred in not granting the motion, we reverse.

BACKGROUND

On May 6, 2004, Garber filed a patent infringement complaint...

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