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DURANGO ASSOCIATES, INC. v. REFLANGE, INC.

Nos. 86-1516, 86-1517.

843 F.2d 1349 (1988)

DURANGO ASSOCIATES, INC. and DND Corporation, Plaintiffs-Appellees, v. REFLANGE, INC., Defendant-Appellant, and Climax Portable Machine Tools, Inc., Defendant. DURANGO ASSOCIATES, INC. and DND Corporation, Plaintiffs-Appellees, v. REFLANGE, INC., Defendant, and Climax Portable Machine Tools, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 1, 1988.

Attorney(s) appearing for the Case

Guy E. Matthews, of Guy E. Matthews, P.C., Houston, Tex., argued, for plaintiffs-appellees.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued, for defendant-appellant. With him on the brief, were Herbert H. Mintz and Reid G. Adler. Also on the brief, were Michael O. Sutton, Arnold, White & Durkee, of Houston, Texas and James S. Leigh, Klarquist, Sparkman, Campbell, Leigh & Whinston, Portland, Or.

Before FRIEDMAN and SMITH Circuit Judges, and SKELTON, Senior Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

This case involves a patent infringement action by DND Corporation (DND) and Durango Associates, Inc. (Durango), against Reflange, Inc. (Reflange), and Climax Portable Machine Tools, Inc. (Climax). The United States District Court for the Southern District of Texas concluded that patent Nos. 3,762,246 ('246 patent) and 3,772,944 ('944 patent) were valid. 629 F.Supp. 443. The court found that claim 3 of the '246 patent was infringed...

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