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VALMONT INDUSTRIES INC. v. REINKE MFG. CO., INC.

Nos. 91-1377, 91-1378.

983 F.2d 1039 (1993)

VALMONT INDUSTRIES, INC., Plaintiff/Cross-Appellant, v. REINKE MANUFACTURING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 7, 1993.

Attorney(s) appearing for the Case

Dennis L. Thomte, Zarley, McKee, Thomte, Voorhees & Sease, of Omaha, NE, argued for plaintiff/cross-appellant.

G. Brian Pingel, Shearer, Templer & Pingel, P.C., of West Des Moines, IA, argued for defendant-appellant.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

The United States District Court for the District of Nebraska determined that Reinke Manufacturing Company infringed Valmont Industries' U.S. Patent No. Re. 31,838 ('838 patent). Valmont Indus. v. Reinke Mfg. Co., 14 USPQ2d 1374, 1990 WL 67881 (D.Neb.1990). Because the district court incorrectly found infringement of claims containing means-plus-function limitations, this court reverses.

BACKGROUND

On April 9, 1974, U...

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