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

Federal Circuit

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

117 F.3d 1385, 1997 U.S. App. LEXIS 16032, 1997 WL 356528

Court of Appeals for the Federal Circuit·Decided June 9, 1997·No. 95-1066·Published·Cited by 2 cases

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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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.

Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., A/K/A Smc Corporation, and Smc Pneumatics, Inc., 117 F.3d 1385, 1997 U.S. App. LEXIS 16032, 1997 WL 356528 (Fed. Cir. 1997).

Pincite

117 F.3d 1385 (Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., A/K/A Smc Corporation, and Smc Pneumatics, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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