No. 2010-1341.

679 F.3d 1372 (2012)

Neil MINTZ and JIF-PAK Manufacturing, Inc., Plaintiffs-Appellants, and Marcus Mintz, Plaintiff, v. DIETZ & WATSON, INC. and Package Concepts & Materials, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 30, 2012.

Attorney(s) appearing for the Case

Robert P. Andris, II , Ropers, Majeski, Kohn & Bentley, of Redwood City, CA, argued for plaintiffs-appellants. With him on the brief was Lael D. Andara .

Jonathan Hangartner , X-Petents, APC, of La Jolla, CA, argued for defendants-appellees.

Before RADER, Chief Judge, NEWMAN, and DYK, Circuit Judges.

RADER, Chief Judge.

The United States District Court for the Southern District of California granted Package Concepts & Materials, Inc.'s ("PCM") motion for summary judgment on invalidity and non-infringement against Neil Mintz, Marcus Mintz, and Jif-Pak Manufacturing, Inc. (collectively, "Mintz"). This court affirms the non-infringement determination and vacates the invalidity holding with a remand to the district court for further proceedings.


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