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PREGIS CORP. v. KAPPOS

Nos. 2010-1492, 2010-1532.

700 F.3d 1348 (2012)

PREGIS CORPORATION, Plaintiff-Cross Appellant, v. David J. KAPPOS, Undersecretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office, Defendants-Appellees, and Free-Flow Packaging International, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 6, 2012.

Attorney(s) appearing for the Case

James E. Dabney , Fried Frank Harris Shriver , of New York, NY, argued for plaintiff-cross appellant. With him on the brief were Stephen S. Rabinowitz and Henry C. Lebowitz ; John F. Duffy , of Washington, DC.

Scott R. McIntosh , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Tony West , Assistant Attorney General, and Neil H. MacBride , United States Attorney. Of counsel on the brief were Raymond T. Chen , Solicitor, and Scott Weidenfeller , Associate Solicitor, United States Patent and Trademark Office, of Alexandra, VA.

Robert Francis Altherr, Jr. , Banner & Witcoff, Ltd., of Washington, DC, argued for defendant-appellant. With him on the brief were Joseph M. Potenza , Bradley C. Wright , Christopher B. Roth and Nina L. Medlock .

Before PROST, CLEVENGER, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Free-Flow Packaging International, Inc. ("Free-Flow") appeals the denial of its motions for judgment as a matter of law after a jury verdict of noninfringement and invalidity of certain claims of U.S. Patent Nos. 7,325,377 ("Fuss '377"), 7,526,904 ("Fuss '904"), and 7,536,837 ("Perkins '837"). Pregis Corporation ("Pregis") cross-appeals the dismissal of its claim seeking judicial review under the Administrative Procedure Act of the decision of...

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