UNITED TECHNOLOGIES v. CHROMALLOY GAS TURBINE

No. 98-1577.

189 F.3d 1338 (1999)

UNITED TECHNOLOGIES CORPORATION, Plaintiff-Appellant, v. CHROMALLOY GAS TURBINE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 25, 1999.


Attorney(s) appearing for the Case

Donald E. Scott, Bartlit Beck Herman Palenchar & Scott, of Denver, Colorado, argued for plaintiff-appellant. With him on the brief were Rhett R. Dennerline and Jason L. Peltz, Barlit Beck Herman Palenchar & Scott, of Chicago, Illinois. Of counsel on the brief were Donald R. Dunner and Howard A. Kwon, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC.

Howard B. Comet, Weil, Gotshal & Manges, LLP, of New York, New York, argued for defendant-appellee. With him on the brief was David J. Lender. Of counsel on the brief were Michael G. Scheininger and Daniel E. Johnson, McKenna & Cuneo, L.L.P., of Washington, DC.

Before SCHALL and GAJARSA, Circuit Judges, and CUDAHY, Senior Circuit Judge.


Rehearing Denied; Suggestion for Rehearing En Banc Declined.

GAJARSA, Circuit Judge.

United Technologies Corporation ("United") appeals the August 15, 1998 decision of United States District Court for the District of Delaware, Docket No. 95-CV-444. United initiated the present action in the district court against Chromalloy Gas Turbine Corporation ("Chromalloy") for patent infringement and breach of contract for non-payment of royalties. In response, Chromalloy...

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