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MINCO, INC. v. COMBUSTION ENGINEERING, INC.

Nos. 96-1005, 96-1033.

95 F.3d 1109 (1996)

MINCO, INC., Plaintiff/Cross-Appellant, v. COMBUSTION ENGINEERING, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 18, 1996.

Attorney(s) appearing for the Case

James R. Higgins, Jr., Middleton & Reutlinger, Louisville, Kentucky, argued for plaintiff/cross-appellant. With him on the brief were Thomas P. O'Brien, III. Of counsel were Robert E. Pitts, R. Bradford Brittian, Melinda L. Doss, and Raymond E. Stephens, Pitts & Brittian, Knoxville, Tennessee. Also of counsel was Charles R. Terry, Terry, Terry & Stapleton, Morristown, Tennessee.

Gary M. Ropski, William Brinks, Hofer Gilson & Lione, Chicago, Illinois, argued for defendant-appellant. With him on the brief were John J. Pavlak, Cynthia A. Homan, and Curt J. Whitenack.

Before RADER, Circuit Judge, COWEN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined November 18, 1996.

PER CURIAM.

In this patent infringement case, Combustion Engineering, Inc. (CE) appeals and Minco, Inc. cross-appeals a final decision of the United States District Court for the Eastern District of Tennessee. The patent at issue, 4,217,462 (the '462 patent), claims a rotary furnace for fusing minerals. The district court found CE willfully infringed claims 3 and 4 of the '462 patent...

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