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EVANS COOLING SYSTEMS v. GENERAL MOTORS CORP.

No. 97-1146.

125 F.3d 1448 (1997)

EVANS COOLING SYSTEMS, INC. and Patent Enforcement Fund, Inc., Plaintiffs-Appellants, v. GENERAL MOTORS CORP., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 16, 1997.

Attorney(s) appearing for the Case

Karl R. Fink, Fitch, Even, Tabin & Flannery, Chicago, IL, argued, for Plaintiffs-Appellants. With him on the brief was John F. Flannery.

Jonathan F. Putnam, Kirkland & Ellis, New York City, argued for Defendant-Appellee. With him on the brief were Robert G. Krupka and David S. Brafman.

Before ARCHER, Chief Judge, MICHEL and LOURIE, Circuit Judges.

MICHEL, Circuit Judge.

Evans Cooling Systems, Inc. and Patent Enforcement Fund, Inc. (collectively, "Evans") appeal the September 30, 1996 order of the United States District Court for the District of Connecticut granting summary judgment to General Motors Corporation ("GM") of invalidity based on the "on sale" bar under 35 U.S.C. § 102(b). The appeal was submitted for our decision after oral argument on July 1, 1997. Because there were no materially disputed...

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