Arachnid, Inc., Plaintiff-appellant, v. Merit-nomac, Inc., Defendant-counterplaintiff-appellee,andnomac, Ltd., Bally Midwest, Inc., Star Music Company,william E. Mcclure, Frederic Kelly and Davidmeric, Defendants, 862 F.2d 322 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 862 F.2d 322 (Fed. Cir. 1988) Oct. 25, 1988

Before MARKEY, Chief Judge, EDWARD S. SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.


Arachnid, Inc. appeals from the final judgment of the United States District Court for the Northern District of Illinois in Arachnid, Inc. v. Nomac, Ltd., No. 84 C 6841 (N.D. Ill. May 29, 1987), which granted summary judgment in favor of Merit-Nomac, Inc., finding noninfringement of Arachnid's United States Patent No. 4,057,251. We affirm.


The parties agree that this case is controlled by the decision in Arachnid, Inc. v. Industrial Design Electronics Associates, Inc., Nos. 88-1102, 88-1176 (Fed. Cir. Oct. 25, 1988) (IDEA) (unpublished), which addressed the same issues and the same Arachnid patent involved in the instant appeal. Moreover, the district court's opinion in this case reached the same conclusion for the same reasons as set forth in the Wisconsin District Court's opinion appealed in IDEA. This court today has affirmed the district court's judgment in IDEA. Accordingly, the judgment in this case is also affirmed.