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INTERN. SEAWAY TRADING CORP. v. WALGREENS CORP.

No. 2009-1237.

589 F.3d 1233 (2009)

INTERNATIONAL SEAWAY TRADING CORPORATION, Plaintiff-Appellant, v. WALGREENS CORPORATION, and Touchsport Footwear USA, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 17, 2009.

Attorney(s) appearing for the Case

George L. Pinchak, Tarolli, Sundheim, Covell & Tummino LLP, of Cleveland, OH, argued for plaintiff-appellant. With him on the brief were John A. Yirga, and Thomas H. Shunk, Baker & Hostetler LLP, of Cleveland, OH.

Mark P. Walters, Darby & Darby, P.C., of Seattle, WA, argued for defendants-appellees.

Before BRYSON, CLEVENGER, and DYK, Circuit Judges.

DYK, Circuit Judge.

Plaintiff-Appellant International Seaway Trading Corporation ("Seaway") filed suit against Walgreens Corporation ("Walgreens") and Touchsport Footwear USA, Inc. ("Touchsport") claiming infringement of Seaway's patents, U.S. Design Patents Nos. D529,263 ("the '263 patent"), D545,-032 ("the '032 patent"), and D545,033 ("the '033 patent"). The district court granted summary judgment for defendants, finding that the claims of the asserted patents were...

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