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EKCHIAN v. HOME DEPOT, INC.

No. 96-1207.

104 F.3d 1299 (1997)

Jack A. EKCHIAN, Plaintiff-Appellant, v. The HOME DEPOT, INC., Macklanburg-Duncan Company, MTI Corporation and Zircon Corporation, Defendants, and Lucas Automation & Control Engineering, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 1997.

Attorney(s) appearing for the Case

Berj A. Terzian, Pennie & Edmonds, New York City, argued, for plaintiff-appellant. With him on the brief was Brian M. Rothery. Of counsel, on the brief, were John W. Olivo, Jr. and John F. Ward, Ward & Olivo, New York City.

Stanley C. Spooner, Nixon & Vanderhye, Arlington, VA, argued, for defendant-appellee. With him, on the brief, was Jeffrey H. Nelson. Of counsel, on the brief, was Robert Leier, Lucas Industries, Inc., Reston, VA.

Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Jack A. Ekchian appeals from the final judgment of the United States District Court for the Eastern District of Virginia granting summary judgment of non-infringement in favor of Lucas Automation & Control Engineering, Inc. ("Lucas"). Ekchian v. Home Depot, Inc., No. 95-1273-A (E.D.Va. Dec. 8, 1995) (as corrected by Order entered on Dec. 11, 1995). Because the district court misconstrued the asserted claims and because, under a proper...

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