Civil Action No. 94-40200-NMG.

4 F.Supp.2d 41 (1998)

NELES-JAMESBURY, INC., Plaintiff, v. FISHER CONTROLS INTERNATIONAL, INC. and Fisher Service Company, Defendants.

United States District Court, D. Massachusetts.

May 5, 1998.

Attorney(s) appearing for the Case

R. Mark Petersen, Worcester, MA, Steven E. Lipman, Arthur I. Neustadt, Steven P. Weihrouch, Oblon, Spivak, McClelland, Maier & Neustadt, P.D., Arlington, VA, for Neles-Jamesbury, Inc.

Marshall D. Stein, Cherwin & Glickman, Boston, MA, Kenneth B. Herman, Christopher J. Harnett, Robert W. Morris, Robert B. Wilson, Fish & Neave, New York City, for Fisher Controls and Fisher Service Co.


GORTON, District Judge.

In December, 1994, plaintiff Neles-Jamesbury Inc. ("NJI") brought this action against Fisher Controls International, Inc. and Fisher Service Company (collectively "Fisher") for infringement of U.S. Patent No. 4,479,510 ("the '510 Patent") relating to an attenuating rotating valve. NJI asserts that Fisher has infringed four claims of the '510 Patent.

In January, 1998, after a three-day Markman...

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