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CS&M, INC. v. COVINGTON BROS. TECHNOLOGIES

No. 81-5225.

678 F.2d 118 (1982)

CS&M, INCORPORATED, a California corporation, Plaintiff-Appellant, v. COVINGTON BROTHERS TECHNOLOGIES (formerly Covington Brothers), a California corporation, and Covington Brothers Building Systems, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 27, 1982.

Attorney(s) appearing for the Case

Hayden A. Carney, Christie, Parker & Hale, Pasadena, Cal., for plaintiff-appellant.

Richard F. Carr, Gausewitz, Carr, Rothenberg & Edwards, Orange, Cal., argued, for defendants-appellees; Allan Rothenberg, Gausewitz, Carr, Rothenberg & Edwards, Orange, Cal., on brief.

Before HUG, TANG, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellant CS&M, the plaintiff below, sued Covington Brothers Technologies and Covington Brothers Building Systems, Inc. for allegedly infringing its patent on a certain type of prefabricated wall panel. The trial court granted summary judgment for the defendants, holding that as a matter of law their wall panel did not infringe appellant's patent. We affirm.

(I) Infringement is ordinarily a question of fact. Studiengesellschaft...

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