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FOX INDUSTRIES v. STRUCTURAL PRESERVATION SYSTEMS

Nos. 89-1353, 90-1304.

922 F.2d 801 (1990)

FOX INDUSTRIES, INC., Plaintiff-Appellant, v. STRUCTURAL PRESERVATION SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 14, 1991.

Attorney(s) appearing for the Case

William D. Hall, Potomac, Md., argued for plaintiff-appellant.

Larry S. Nixon, Nixon & Vanderyhye, P.C., Arlington, Va., argued for defendant-appellee. With him on the brief was James T. Hosmer.

Before NIES, Chief Judge, and SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

Rehearing Denied in No. 89-1353 January 14, 1991.

RADER, Circuit Judge.

In 1983, appellant Fox Industries, Inc. (Fox), filed a complaint in the United States District Court for the District of Maryland. Appellant accused appellee Structural Preservation Systems, Inc. (SPS) of infringing U.S. Patent No. 4,019,301 (the '301 patent). The '301 patent covers fiberglass encasements which protect concrete bridge piles from water erosion.

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