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HALLCO MANUFACTURING CO., INC. v. FOSTER

No. 99-1458.

245 F.3d 1369 (2001)

HALLCO MANUFACTURING CO., INC., Plaintiff/Counterclaim Defendant-Appellee, and Olof A. Hallstrom, Counterclaim Defendant-Appellee, v. Raymond Keith FOSTER, Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: April 9, 2001.

Attorney(s) appearing for the Case

John W. Stephens, Esler, Stephens, & Buckley, of Portland, Oregon, argued for plaintiff/counterclaim defendant-appellees. With him on the brief was Michael J. Esler.

Delbert J. Barnard, Barnard & Pauly, P.S., of Seattle, Washington, argued for defendant/counterclaimant-appellant.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and SCHALL, Circuit Judge.

PLAGER, Senior Circuit Judge.

In this patent case, Hallco Manufacturing Co. filed a declaratory judgment action seeking a judicial determination that its redesigned reciprocating conveyers did not infringe U.S. Reissue Patent No. Re35,022 (the " '022 patent"). The '022 patent is owned by Raymond Keith Foster ("Foster"). Foster counterclaimed against Hallco Manufacturing Co. and its owner Olof A. Hallstrom (collectively ...

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