MENDENHALL v. CEDARAPIDS, INC.

Nos. 92-1236, 92-1237 and 92-1256.

5 F.3d 1557 (1993)

Robert L. MENDENHALL, Plaintiff-Appellant, and CMI Corporation, Plaintiff-Appellant, v. CEDARAPIDS, INC., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Declined; Suggestion for Rehearing Declined November 18, 1993.


Attorney(s) appearing for the Case

Jerry J. Dunlap, Dunlap, Codding & Lee, P.C., of Oklahoma City, OK, argued, for plaintiff-appellant. Richard S. Florsheim, Foley & Lardner, Milwaukee, WI, argued, for plaintiff-appellant. Of counsel was George E. Quillin.

Donald H. Zarley, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, IA, argued, for defendant/cross-appellant. With him on the brief were Edmund J. Sease and Kirk M. Hartung. Also on the brief was Stephen J. Holtman, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, IA.

Before NIES, Chief Judge, MAYER and LOURIE, Circuit Judges.


Rehearing Declined; Suggestion for Rehearing In Banc Declined November 18, 1993.

NIES, Chief Judge.

Robert L. Mendenhall and CMI Corporation, the exclusive licensee for the United States, as owners of all rights in United States Patents Nos. Re. 31,904 ('904 patent) and 31,905 ('905 patent), sued Cedarapids, Inc., in the United States District Court for the Northern District of Iowa for infringement. Cedarapids counterclaimed, charging CMI with infringement...

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