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Fed. Circ. Denies Hat Inventor New Trial In Nike Row

Law360, New York (July 11, 2011, 4:51 PM EDT) -- The Federal Circuit on Monday refused to order a new trial in an inventor's suit accusing Nike Inc. of infringing a patent for a vented baseball cap due to litigation misconduct, but left intact an award of attorneys' fees to the plaintiff.

In January 2010, although a jury concluded that Nike did not infringe Gerald Kellogg's patent for a vented baseball cap, a Nebraska federal judge ordered the company to pay the plaintiff more than $400,000 in attorneys' fees because of litigation misconduct by Nike during the trial. Kellogg appealed the judge's denial of his bid for a new trial, while...

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