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SCALTECH INC. v. RETEC/TETRA, L.L.C.

Nos. 97-1365, 97-1480.

178 F.3d 1378 (1999)

SCALTECH INC., Plaintiff-Appellant, v. RETEC/TETRA, L.L.C., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Denied June 16, 1999.

Attorney(s) appearing for the Case

Robert M. Hardy, Jr., of Seabrook, Texas, for plaintiff-appellant. With him on the brief were Jeffrey W. Tayon and Robert M. Gray, Conley, Rose & Tayon, of Houston, Texas.

David J. Brody, Hamilton, Brook, Smith & Reynolds, P.C., of Lexington, MA, argued for defendant-appellee. With him on the brief was Deirdre E. Sanders.

Before RICH, PLAGER and GAJARSA, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing En Banc Denied June 16, 1999.

ORDER

RICH, Circuit Judge.

Retrec/Tetra, L.L.C. petitions for rehearing of our decision of September 10, 1998 vacating the district court's summary judgment ruling that U.S. Patent No. 5,433,717 is invalid under 35 U.S.C. § 102(b) (1994) and remanding for further proceedings.

To clarify certain issues, and to take account of the intervening Supreme Court...

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