OUTSIDE THE BOX INNOVATIONS v. TRAVEL CADDY, INC.

No. 2009-1171.

695 F.3d 1285 (2012)

OUTSIDE THE BOX INNOVATIONS, LLC (doing business as Union Rich USA), Plaintiff-Appellee, and Bonaka Limited Bonaka, Plastic Manufacturing Co., Ltd., and Union Rich Plastic Factory, Ltd., Counterclaim Defendants-Appellees, and Christopher Ure, Matt Williams, Terry Kinskey and Lynn Martineau, Counterclaim Defendants, v. TRAVEL CADDY, INC. Defendant/Counterclaimant-Appellant, and Rooster Products (doing business as The Rooster Group), Defendant/Counterclaimant.

United States Court of Appeals, Federal Circuit.

September 21, 2012.


Attorney(s) appearing for the Case

Patrick D. McPherson , Duane Morris LLP, of Washington, DC, argued for plaintiff-appellee and counterclaim defendants-appellees. On the brief were Robert L. Byer and Matthew C. Mousley , of Philadelphia, PA, and J. Rodman Steele, Jr. and Gregory M. Lefkowitz , of Boca Raton, FL. Of counsel were William Blake Coblentz , of Washington, DC, and Barry P. Golob , of San Francisco, CA; Gregory L. Hillyer , Feldman Gale, P.A., of Philadelphia, PA; and Jerold I. Schneider , Novak Druce + Quigg LLP, of West Palm Beach, FL.

Timothy P. Maloney , Fitch, Even, Tabin & Flannery, of Chicago, IL, argued for defendant/counterclaimant-appellant. With him on the brief was Mark W. Hetzler. Of counsel on the brief were Vance L. Liebman , Glenn A. Rice , Orley Moskovits Desser , and Seth A. Stern , Funkhouser Vegosen Liebman & Dunn, Ltd., of Chicago, IL.

Opinion for the court filed PER CURIAM. Opinion concurring in part and dissenting in part filed by Circuit Judge NEWMAN.


PER CURIAM.

This declaratory judgment patent suit was filed by Outside the Box Innovations, LLC, doing business as Union Rich USA (herein "Union Rich") against Travel Caddy, Inc. and its distributor/sales agent for Travel Caddy's patented tool carry cases, Rooster Products (doing business as The Rooster Group). The issues, duly presented by claim and counterclaim, were infringement, patent validity, enforceability, and unfair competition.

The United States...

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