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MARQUIP, INC. v. FOSBER AMERICA, INC.

Nos. 99-1025, 99-1120.

198 F.3d 1363 (1999)

MARQUIP, INC., Plaintiff-Appellant, v. FOSBER AMERICA, INC. and Fosber SpA, Defendants-Appellees, and United Container Machinery, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 27, 2000.

Attorney(s) appearing for the Case

Russell J. Barron, Foley & Lardner, Milwaukee, Wisconsin, argued for plaintiff-appellant. With him on the brief were David J. Harth and Joan L. Eads, Foley and Lardner, Madison, Wisconsin. Of counsel were Allen A. Arntsen, Foley & Lardner, Madison, Wisconsin, and Jeffrey N. Costakos, Foley and Lardner, Milwaukee, Wisconsin.

David L. De Bruin, Michael, Best & Friedrich, LLP, Milwaukee, Wisconsin, argued for defendants-appellees, Fosber America, Inc. and Fosber SpA. With him on the brief were Gary A. Ahrens, Toni L. Bonney and J. Christopher Carraway.

John E. Nathan, Fish & Neave, New York, New York, argued for defendant-appellee, United Container Machinery, Inc. With him on the brief were Daniel M. Gantt and Catherine Nyarady. Of counsel on the brief was John F. Hovel, Kravit, Gass, Hovel & Leitner, S.C., Milwaukee, Wisconsin.

Before MICHEL, RADER, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Western District of Wisconsin ruled that defendants Fosber America, Inc., Fosber SpA, and United Container Machinery, Inc. did not infringe U.S. Patent No. 4,200,276 (the '276 patent) under the doctrine of equivalents. See Marquip, Inc. v. Fosber America, Inc., No. 96-C-726-S (W.D.Wis. Sept.14, 1998) (order). The district court also denied Marquip, Inc.'s motion for relief under...

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