MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
In this patent infringement case, plaintiff alleges that defendant's distribution and sale of baseballs infringe certain claims of United States Patent No. 5,407,193. The court held a Markman hearing on the matter on January 21, 1999, and subsequently issued an order construing the disputed claims of the '193 patent. See McGinley v. Franklin Sports, Inc.,
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