TRANSMATIC, INC. v. GULTON INDUSTRIES, INC.

No. 94-1315, 94-1316.

53 F.3d 1268 (1995)

TRANSMATIC, INC., Plaintiff/Cross-Appellant, v. GULTON INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 26, 1995.

Rehearing Denied; Suggestion for Rehearing Declined July 5, 1995.


Attorney(s) appearing for the Case

Owen E. Perry, Reising, Ethington, Barnard, Perry & Milton, Troy, MI, argued, for plaintiff/cross-appellant. With him on brief were Richard W. Hoffmann and Jeanne-Marie Marshall.

William F. Dudine, Jr., Darby & Darby, P.C., New York City, argued, for defendant-appellant. With him on brief were Ira Jay Levy and Morris Relson. Of counsel was Bernard J. Cantor.

Before ARCHER, Chief Judge, PLAGER and LOURIE, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined July 5, 1995.

LOURIE, Circuit Judge.

Gulton Industries, Inc. appeals from the March 31, 1993 order of the United States District Court for the Eastern District of Michigan granting Transmatic, Inc.'s motion for partial summary judgment striking Gulton's affirmative defense of invalidity with respect to claim 1 of reexamined U.S. Patent 4,387,415. Gulton also appeals from the court's April 8, 1994...

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