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THERMA-TRU CORP. v. PEACHTREE DOORS INC.

Nos. 92-1242, 92-1314.

44 F.3d 988 (1995)

THERMA-TRU CORPORATION, Plaintiff-Appellant, v. PEACHTREE DOORS INC., Acme Sliding Door, Inc. d/b/a Edwards Wholesale, and Village Door, Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined April 14, 1995.

Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks & Kushman, Southfield, MI, argued, for plaintiff-appellant. With him on the brief, was Earl J. LaFontaine. Of counsel was Thomas A. Lewry.

Roland N. Smoot, Lyon & Lyon, Los Angeles, CA, argued, for defendants/cross-appellants. With him on the brief, were Michael R. Dinnin and Robert A. Dunn, Dinnin & Dunn, P.C., Troy, MI. Also on the brief, was John L. Taylor, Jr., Vincent, Chorey, Taylor & Feil, Atlanta, GA.

Before NEWMAN, MAYER, and PLAGER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined April 14, 1995.

PAULINE NEWMAN, Circuit Judge.

Therma-Tru Corporation appeals from the judgment of the United States District Court for the Eastern District of Michigan,1 holding that Therma-Tru's United States Patent No. 4,550,540, invention of John Thorn, ("the '540 patent") is unenforceable due to inequitable conduct in the Patent and Trademark Office ("PTO"). Peachtree...

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