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FOREST GROUP, INC. v. BON TOOL CO.

No. 2009-1044.

590 F.3d 1295 (2009)

The FOREST GROUP, INC., Plaintiff-Appellee, v. BON TOOL COMPANY, Defendant-Appellant, and Cibon Industrial and Shanghai Honest Tool Co., Inc., Defendants.

United States Court of Appeals, Federal Circuit.

December 28, 2009.

Attorney(s) appearing for the Case

Kristin K. Tassin, Dry & Tassin, P.L.L.C., of Houston, TX, argued for plaintiff-appellee. Of counsel was Cheri Duncan, Cheri Duncan Attorney at Law, of Houston, TX.

Richard A. Ejzak, Cohen & Grisgy, P.C., of Pittsburgh, PA, argued for defendant-appellant. With him on the brief was Alicia M. Passerin.

Carl S. Kravitz, Zuckerman Spaeder LLP, of Washington, DC, for amicus curiae Paul Hletko.

Before RADER, PLAGER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Bon Tool Company (Bon Tool) appeals a final decision from the United States District Court for the Southern District of Texas. After a bench trial, the district court found that the Forest Group, Inc. (Forest) falsely marked its stilts with intent to deceive the public, and the district court fined Forest $500 for a single decision to falsely mark. The district court also determined that U.S. Patent No. 5,645,515 (the '515 patent) was not invalid...

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