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GRACO, INC. v. BINKS MFG. CO.

No. 93-1494.

60 F.3d 785 (1995)

GRACO, INC., Plaintiff-Appellee, v. BINKS MANUFACTURING COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 30, 1995.

Attorney(s) appearing for the Case

Edward W. Goldstein, Tobor & Goldstein, Houston, TX, argued for plaintiff-appellee. With him on the brief were Richard L. Stanley, Joseph A. Uradnik, L. Gene Spears, Jr. and Suzanne E. Lecocke, Arnold, White & Durkee, Houston, TX.

Susan Getzendanner, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, argued for defendant-appellant. With her on the brief were Constance S. Huttner, Mauro Premutico and Tammy D. McCutchen. Also on the brief were Thomas R. Juettner, Robert A. Lloyd, Paul G. Juettner and Michael Pointek, Juettner, Pyle & Lloyd, Chicago, IL.

Before: NIES, PLAGER and CLEVENGER, Circuit Judges.

NIES, Circuit Judge.

Binks Manufacturing Company appeals the final judgment of the United States District Court for the Southern District of Texas, Houston Division (Civil Action No. H-83-2979), which held asserted claims 1-5 and 15 of Graco, Inc.'s United States Patent No. 4,035,109 ("the '109 patent") willfully infringed. The '109 patent discloses and claims a pump particularly useful for pumping heavy and abrasive fluent materials. In addition to damages, which...

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