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ENGEL INDUSTRIES, INC. v. LOCKFORMER CO.

Nos. 98-1294, 98-1295.

166 F.3d 1379 (1999)

ENGEL INDUSTRIES, INC., Plaintiff-Appellant, v. The LOCKFORMER COMPANY, Iowa Precision Industries, Inc., and Met-Coil Systems Corporation, Defendants/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

February 3, 1999.

Attorney(s) appearing for the Case

Melvin L. Moser, Gorr, Moser, Dell & Loughney, of Pittsburgh, Pennsylvania, argued for plaintiff-appellant. With him on the brief were George Raynovich, Jr., and Scott A. Matthews.

Theodore A. Breiner, Breiner & Breiner, of Alexandria, Virginia and Glenn L. Johnson, of Shuttleworth & Ingersoll, P.C., of Cedar Rapids, Iowa, argued for defendants/cross appellants. With them on the brief was A.W. Breiner, of Breiner & Breiner.

Before MAYER, Chief Judge, ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

CLEVENGER, Circuit Judge.

In these cross-appeals, Engel asks this court to reverse the dismissal of its motion for a refund of payments made pursuant to a patent license, where Engel was found to not infringe the patent. Lockformer, Iowa Precision Industries, and Met-Coil Systems seek reversal of the lower court's refusal to grant them relief from the judgment of noninfringement under Rule 60(b)(3) of the Federal Rules of Civil Procedure. See Engel, Inc. v. Lockformer...

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