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SUN-TEK INDUSTRIES, INC. v. KENNEDY SKY LITES, INC.

Nos. 87-1375, 87-1421.

848 F.2d 179 (1988)

SUN-TEK INDUSTRIES, INC., Plaintiff-Appellee, v. KENNEDY SKY LITES, INC. and Kenergy Corporation, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 6, 1988.

Attorney(s) appearing for the Case

William H. Shawn, Shawn, Berger & Mann, Washington, D.C., argued, for plaintiff-appellee.

William L. Pence, Baker & Hostetler, Orlando, Fla., argued, for defendants-appellants. With him on the brief was Denis L. Durkin. Also on the brief was Herbert L. Allen, Duckworth, Allen & Dyer, Orlando, Fla.

Before SMITH, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

Kennedy Sky Lites, Inc. and Kenergy Corporation (Kenergy) appeal the judgments of the United States District Court for the Middle District of Florida holding certain of its patents to be invalid and/or unenforceable and awarding attorney fees to Sun-Tek Industries, Inc. (Sun-Tek) under 35 U.S.C. § 285 (1982).

BACKGROUND

Sun-Tek brought this action against Kenergy for a declaratory...

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