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ATLAS POWDER CO. v. IRECO, INC.

No. 99-1041.

190 F.3d 1342 (1999)

ATLAS POWDER COMPANY, Plaintiff, and Hanex Products, Inc., Plaintiff-Appellant, v. IRECO INCORPORATED and ICI Explosives USA, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 7, 1999.

Attorney(s) appearing for the Case

Stanford B. Owen, Fabian & Clendenin, Salt Lake City, Utah, argued, for plaintiff-appellant, Hanex Products, Inc. With him on the brief were W. Cullen Battle, Robert A. Garda, Jr., and Jon C. Martinson.

Gordon L. Roberts, Parsons Behle & Latimer, Salt Lake City, Utah, argued, for defendant-appellee, IRECO Incorporated and ICI Explosives USA, Inc. Of counsel on the brief was C. Kevin Speirs.

Before MAYER, Chief Judge, MICHEL and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States District Court for the District of Wyoming determined that U.S. Patent No. 4,111,727 (the Clay patent) and its reissue, U.S. Patent No. RE 33,788 (the reissue patent) were invalid. Atlas Powder Company (Atlas), a licensee under those patents, sued IRECO Incorporated (IRECO) for infringement of the Clay patent. Following two bench trials, the district court concluded that both the original Clay patent and the reissue patent were...

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