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BARON SERVICES v. MEDIA WEATHER INNOVATIONS

Nos. 2012-1285, 2012-1443.

717 F.3d 907 (2013)

BARON SERVICES, INC., Plaintiff-Appellant, v. MEDIA WEATHER INNOVATIONS LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 7, 2013.

Attorney(s) appearing for the Case

Jeffrey T. Kelly , Lanier Ford Shaver & Payne, PC, of Huntsville, AL, argued for plaintiff-appellant. With him on the brief was J.R. Brooks .

Stuart N. Bennett , Jones & Keller, P.C., of Denver, CO, argued for defendant-appellee. With him on the brief was Perry L. Glantz , of Greenwood Village, CO.

Dissenting opinion filed by Circuit Judge REYNA.

PROST, Circuit Judge.

Baron Services, Inc., ("Baron") appeals the orders of the United States District Court for the Northern District of Alabama awarding summary judgment of noninfringement and attorney's fees to Media Weather Innovations, LLC ("MWI"). Because the district court's summary judgment order was premature, we vacate the court's summary judgment and award of attorney's fees and remand for further proceedings consistent with this opinion.

I. BACKGROUND...

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