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FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI

No. 95-1066.

304 F.3d 1289 (2002)

FESTO CORPORATION, Plaintiff-Appellee, v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., Ltd., a/k/a SMC Corporation, and SMC Pneumatics, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 20, 2002.

Attorney(s) appearing for the Case

Charles R. Hoffman, Hoffman & Baron, of Jericho, New York, for plaintiff-appellee.

Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, Virginia, for defendants-appellants.

Before MAYER, Chief Judge, NEWMAN, MICHEL, Circuit Judges, PLAGER, Senior Circuit Judge, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

ORDER

The mandate issued on December 20, 2000, is recalled and the appeal is reinstated, following remand from the Supreme Court of the United States. See Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 234 F.3d 558, 56 USPQ2d 1865 (Fed.Cir.2000) (en banc), overruled-in-part by 535 U.S. 722, 122 S.Ct. 1831, 152 L.Ed.2d 944 (2002). The Court differed with this court on the...

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