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CLEARSTREAM WASTEWATER SYSTEMS v. HYDRO-ACTION

No. 99-1299.

206 F.3d 1440 (2000)

CLEARSTREAM WASTEWATER SYSTEMS, INC. and Jerry L. McKinney, Plaintiffs-Appellants, v. HYDRO-ACTION, INC. and T. Gig Drewery, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 27, 2000.

Attorney(s) appearing for the Case

John R. Feather, of Houston, Texas, argued for plaintiffs-appellants. With him on the brief was Ernest Randall Smith, E. Randall Smith, P.C., of Houston, Texas.

John S. Egbert, Harrison & Egbert, of Houston, Texas, argued for defendants-appellees.

Before PLAGER, SCHALL, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

The United States District Court for the Southern District of Texas granted summary judgment of non-infringement of U.S. Patent No. 5,221,470 ("the '470 patent") against Clearstream Wastewater Systems, Inc. and Jerry L. McKinney (collectively "Clearstream"), and in favor of Hydro-Action, Inc. and T. Gig Drewery (collectively "Hydro-Action"). See Clearstream Wastewater Sys., Inc. v. Hydro-Action, Inc., No. H-95-5233 (S.D.Tex. Feb.4, 1999...

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