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AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO.

Nos. 2009-1503, 2009-1567.

651 F.3d 1318 (2011)

AMERICAN CALCAR, INC., Plaintiff-Appellant, v. AMERICAN HONDA MOTOR CO., INC. and Honda of America Manufacturing, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing En Banc Denied August 26, 2011.

Attorney(s) appearing for the Case

Gary M. Butter, Baker Botts L.L.P., of New York, NY, argued for plaintiff-appellant. With him on the brief were Paul A. Ragusa,   Eliot D. Williams and Jennifer Cozeolino.

Robert E. Hillman, Fish & Richardson P.C., of Boston, MA, argued for defendants-cross appellants. With him on the brief was John T. Johnson, of New York, NY. Of counsel were Michael F. Autuoro of New York, NY; Ahmed J. Davis of Washington, DC; John A. Dragseth of Minneapolis, MN; Frank Porcelli and Robert E. Hillman, of Boston, MA; and Michael M. Rosen of San Diego, CA.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

LOURIE, Circuit Judge.

American Calcar, Inc. ("ACI") appeals from the final judgment of the United States District Court for the Southern District of California. The court found U.S. Patents 6,330,497 ("the '497 patent"), 6,438,465 ("the '465 patent"), and 6,542,795 ("the '795 patent") unenforceable due to inequitable conduct.1 The court also granted summary judgment of noninfringement of U.S. Patents 6,754,485 ("the '485 patent"), 6,987...

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