U.S. Court of Appeals for the Federal Circuit, 1997

Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., A/K/A Smc Corporation, and Smc Pneumatics, Inc.

U.S. Court of Appeals for the Federal Circuit · Decided June 9, 1997 · Rich, Newman, Michel

117 F.3d 1385; 1997 U.S. App. LEXIS 16032; 1997 WL 356528 (Federal Reporter, Third Series)

Counsel

Charles R. Hoffman, Hoffman & Baron, Jericho, NY, for plaintiff-appellee. With him on the brief was Gerald T. Bodner., Arthur I. Neustadt, Obion, Spivak, McClel-land, Maier & Neustadt, P.C., Arlington, VA, for defendants-appellants.

Cases that cite this one

2 later published cases cite this decision.

Amanda J. Wolfe and Peter E. Boerschinger Individually and on Behalf of Others Similarly Situated v. Denis McDonough (United States Court of Veteran Appeals 2021)
Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., A/K/A Smc Corporation, and Smc Pneumatics, Inc. (Fed. Cir. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

The United States Supreme Court, by disposition issued March 17,1997, which became final on April 11, 1997, vacated this court’s judgment, 72 F.3d 857, and ordered further consideration in light of Warner-Jenkinson Company, Inc. v. Hilton Davis Chemical Co., 520 U.S. -, 117 S.Ct. 1040, 137 L.Ed.2d 146, 41 USPQ2d 1865 (1997). Appellants’ suggestion for hearing in banc having been denied, the case is returned to the panel. This court’s mandate is vacated.

The court invites supplemental briefing in light of the Supreme Court’s decision in Warner-Jenkinson. The supplemental briefs shall be confined to issues raised by that decision, applied to this appeal. The briefs and other materials already filed remain before the court.

Appellants’ supplemental brief, of no more than 25 pages, shall be filed within 25 days of the date of this order. Appellee’s brief, of no more than 25 pages, shall be filed within 20 days after service of the appellant’s brief. Any reply brief, up to 12 pages, shall be filed within 10 days thereafter.

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