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AIA ENGINEERING LTD. v. MAGOTTEAUX INTERN. S/A

No. 2011-1058.

657 F.3d 1264 (2011)

AIA ENGINEERING LIMITED, Plaintiff/Counterclaim Defendant-Appellee, and Vega Industries, Ltd., Inc., Third Party Defendant-Appellee, v. MAGOTTEAUX INTERNATIONAL S/A and Magotteaux, Inc., Defendants/Counterclaim Plaintiffs-Appellants.

United States Court of Appeals, Federal Circuit.

August 31, 2011.

Attorney(s) appearing for the Case

David Lieberworth , Garvey Schubert Barer , of Seattle, WA, argued for plaintiff/counterclaim defendant-appellee. With him on the brief was Jared Van Kirk.

Robert S. Rigg , Vedder Price P.C., of Chicago, IL, argued for defendants/counterclaim plaintiffs-appellants. With him on the brief were John J. Gresens , and William J. Voller III.

Before RADER, Chief Judge, and LOURIE and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Magotteaux International S/A and Magotteaux, Inc., (together, "Magotteaux") appeal from the holding of the United States District Court for the Middle District of Tennessee on summary judgment that the asserted claims of U.S. Patent RE39,998 (the "RE'998 patent") are invalid under 35 U.S.C. § 251 for impermissibly recapturing subject matter surrendered during reissue examination. AIA Eng'g

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