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ADVANCED MAGNETIC CLOSURES, INC. v. ROME FASTENER

Nos. 2009-1102, 2009-1118.

607 F.3d 817 (2010)

ADVANCED MAGNETIC CLOSURES, INC., Plaintiff-Appellant, and David Jaroslawicz and Jaroslawicz & Jaros, LLC, Movants-Appellants, and Abelman, Frayne & Schwab, Movant, v. ROME FASTENER CORPORATION, Rome Fastener Sales Corporation, Romag Fasteners, Inc., and Rings Wire, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 11, 2010.

Attorney(s) appearing for the Case

Michael F. Sarney, Katten Muchin Rosenman LLP, of New York, NY, argued for plaintiff-appellant.

Michael J. Allan, Steptoe & Johnson LLP, of Washington, DC, argued for movants-appellants. With him on the brief was Richard K. Willard.

Norman H. Zivin, Cooper & Dunham LLP, of New York, NY, argued for defendants-appellees. With him on the brief was Wendy E. Miller. Of counsel on the brief was Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC.

Opinion for the court filed by Circuit Judge GAJARSA. Concurring opinion filed by Chief Judge RADER.

GAJARSA, Circuit Judge.

Advanced Magnetic Closures, Inc. ("AMC") brought an action against Rome Fastener Corp., Rome Fastener Sales Corp., Romag Fasteners Inc., and Rings Wire, Inc. (collectively "Romag") for allegedly infringing U.S. Patent No. 5,572,773 (the "'773 patent"). After AMC finished presenting its case in chief, the U.S. District for the Southern District of New York (the "district court") granted Romag's Rule 50(a) motion for judgment as a matter of law...

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