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DIVERSEY LEVER, INC. v. ECOLAB, INC.

Nos. 98-1380, 98-1447, 98-1472, 98-1534.

191 F.3d 1350 (1999)

DIVERSEY LEVER, INC., Plaintiff-Appellee, v. ECOLAB, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 20, 1999.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Hopgood, Calimafde, Kalil & Judlowe, LLP, New York, New York, argued, for plaintiff-appellee. With him on the brief were Ira B. Winkler, and Adam T. Bernstein. Also on the brief was Robert A. Dunn, Dinnin & Dunn, P.C., Troy, Michigan.

Frank P. Porcelli, Fish & Richardson, Boston, Massachusetts, argued, for defendant-appellant. On the brief were Douglas J. Williams, Mark D. Schuman, J. Derek Vandenburgh, and Daniel M. Pauly, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., of Minneapolis, Minnesota. Of counsel were Thomas N. Young, and Thomas E. Bejin, Young & Basile, Troy, Michigan.

Before MAYER, Chief Judge, NEWMAN and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 20, 1999.

MAYER, Chief Judge.

Ecolab, Inc. ("Ecolab") appeals the judgment of the United States District Court for the Eastern District of Michigan, No. 96-CV-73112, which granted Diversey Lever, Inc. ("Diversey Lever") summary judgment that Ecolab infringed U.S. Patent Nos. 5,009,801 ("the '801 patent") and 5,073,280 ("the '280 patent"). Because the district court properly interpreted the...

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