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

CourtCourt of Appeals for the Federal Circuit

DecidedJune 9, 1997

Docket95-1066

StatusPublished

Cited by2 cases

This text of 117 F.3d 1385 (Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., A/K/A Smc Corporation, and Smc Pneumatics, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

117 F.3d 1385, 1997 U.S. App. LEXIS 16032, 1997 WL 356528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/festo-corporation-v-shoketsu-kinzoku-kogyo-kabushiki-co-ltd-aka-smc-cafc-1997.

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