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MARSH-McBIRNEY, INC. v. MONTEDORO-WHITNEY CORP.

Nos. 88-1318, 88-1344, 88-1421, 88-1450 and 88-1598.

882 F.2d 498 (1989)

MARSH-McBIRNEY, INC., Plaintiff-Appellee, v. MONTEDORO-WHITNEY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined September 25, 1989.

Attorney(s) appearing for the Case

J. Alan Galbraith, Williams & Connolly, Washington, D.C., argued for plaintiff-appellee.

Thomas J. Scott, Pennie & Edmonds, Washington, D.C., argued for defendant-appellant. With him on the brief was Joseph V. Colaianni. Also on the brief was Frank Frisenda, Jr., Frisenda, Morris & Nicholson, Los Angeles, Cal., of counsel.

Before FRIEDMAN, MAYER and MICHEL, Circuit Judges.

Suggestion for Rehearing In Banc Declined September 25, 1989.

OPINION

MAYER, Circuit Judge.

Marsh-McBirney, Inc. sued Montedoro-Whitney Corporation for infringement of its U.S. Patent No. 4,083,246, for a flow rate meter. The United States District Court for the Central District of California, No. 86-3022, found that Montedoro-Whitney devices with electromagnetic probes were infringing but devices equipped with acoustic probes were not. The court...

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