SHOCKLEY v. ARCAN, INC.

Nos. 99-1580, 99-1603.

248 F.3d 1349 (2001)

Troy SHOCKLEY, Plaintiff-Cross Appellant, and Excalibur Tool & Equipment Co., Inc., Third Party Defendant-Cross Appellant, v. ARCAN, INC., Defendant-Appellant, and Telesis Corporation, Defendant/Third Party Plaintiff-Appellant, and Sunex International, Inc., Defendant/Third Party Plaintiff-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied July 2, 2001.


Attorney(s) appearing for the Case

Cort Flint, Cort Flint, P.A., of Greenville, South Carolina, argued for plaintiff-cross appellant Troy Shockley, and third party defendant/cross appellant Excalibur Tool & Equipment Co., Inc. With him on the brief was Douglas W. Kim. Of counsel on the brief was Rodney Pillsbury, Yacobi & Pillsbury, LLC, of Greenville, South Carolina.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendant-appellant Arcan, Inc. and defendant-third party plaintiff-appellant Telesis, and defendant-third party appellee Sunex International, Inc.

Before RADER, SCHALL, and BRYSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 2, 2001.

RADER, Circuit Judge.

On a motion for summary judgment, the United States District Court for the District of South Carolina upheld the validity of Mr. Shockley's U.S. Patent No. Re. 35,732 (the '732 reissue). Before trial, Arcan, Inc., Telesis Corporation, and Sunex International, Inc. (collectively defendants) conceded that their accused devices contained all limitations of at least one of the asserted...

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