(DOWNLOAD) "Dolly, Inc. v. Spalding & Evenflo Companies" by United States Court of Appeals for the Federal Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Dolly, Inc. v. Spalding & Evenflo Companies
Author : United States Court of Appeals for the Federal Circuit
Release Date : January 08, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

RADER, Circuit Judge. Dolly, Inc. (Dolly) sued Spalding & Evenflo Companies, Inc. (Evenflo) in the United States District Court for the Southern District of Ohio (Western Division) for unfair competition and infringement of U.S. Patent No. 4,854,638 (the '638 patent). On an earlier appeal in this same case, Dolly, Inc. v. Spalding & Evenflo Cos., 23 U.S.P.Q.2D (BNA) 1555 (Fed. Cir. 1992), this court vacated the district court's preliminary injunction because the trial court had improperly construed the patent claims. On remand, the district court determined that Evenflo infringed the '638 patent under the doctrine of equivalents. Due to improper application of the doctrine of equivalents, this court reverses.