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OVERHEAD DOOR CORP. v. CHAMBERLAIN GROUP, INC.

No. 98-1428.

194 F.3d 1261 (1999)

OVERHEAD DOOR CORPORATION and GMI Holdings, Inc., Plaintiffs-Appellees, v. The CHAMBERLAIN GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Suggestion for Rehearing Denied December 16, 1999.

Attorney(s) appearing for the Case

Kenneth R. Glaser, Akin, Gump, Strauss, Hauer & Field, L.L.P., Dallas, Texas, argued for plaintiffs-appellees. With him on the brief were Michael Lowenberg, Steven E. Ross, and Alex Chartove.

John F. Flannery, Fitch, Even, Tabin & Flannery, Chicago, Illinois, argued for defendant-appellant. With him on the brief were Robert J. Fox and Karl R. Fink.

Before MICHEL, RADER, and SCHALL, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 16, 1999.

RADER, Circuit Judge.

The United States District Court for the Northern District of Texas ruled on summary judgment that Overhead Door Corp. and GMI Holdings, Inc. did not infringe U.S. Patent No. Re. 35,364 (the '364 patent). See Overhead Door Corp. v. Chamberlain Group, Inc., No. 95-CV-1648-D (N.D.Tex. Apr. 30, 1998) (order). The '364 patent claims improvements on remote control...

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