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McGILL INC. v. JOHN ZINK CO.

Appeal Nos. 83-1198, 83-1217.

736 F.2d 666 (1984)

McGILL INCORPORATED, Appellee, v. JOHN ZINK COMPANY, Appellant. McGILL INCORPORATED, Cross-Appellant, v. JOHN ZINK COMPANY, Cross-Appellee.

United States Court of Appeals, Federal Circuit.

April 27, 1984.

Attorney(s) appearing for the Case

James D. Morton, Pittsburgh, Pa., argued, for appellant; Walther E. Wyss and Neil M. Rose, Chicago, Ill., on brief.

Jerry J. Dunlap, Oklahoma City, Okl., argued, for appellee; Gary Peterson, Oklahoma City, Okl., of counsel.

Before KASHIWA, Circuit Judge, COWEN, Senior Circuit Judge, and BENNETT, Circuit Judge.

KASHIWA, Circuit Judge.

This is a consolidated appeal from a judgment of the United States District Court for the Northern District of Oklahoma (No. 80-C-17-E), entered December 7, 1982, and from a post-trial order entered June 22, 1983. The judgment was in favor of appellee, owner of U.S. Patent No. 4,066,423 (the "423 patent"), and the district court awarded damages of $8,000,000. We affirm in part and reverse in part.

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