CRATER CORP. v. LUCENT TECHNOLOGIES, INC.

No. 00-1125.

255 F.3d 1361 (2001)

CRATER CORPORATION, Plaintiff-Appellant, v. LUCENT TECHNOLOGIES, INC. and American Telephone and Telegraph Company, Defendants-Appellees, and United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED June 6, 2001.


Attorney(s) appearing for the Case

E. Robert Schultz, Schultz & Little, of St. Louis, Missouri, argued for plaintiff-appellant.

Louis F. Bonacorsi, Bryan Cave LLP, of St. Louis, Missouri, argued for defendants-appellees Lucent Technologies, Inc. and American Telephone and Telegraph Company.

Collette G. Matzzie, Attorney, Appellate Staff, Civil Division, Department of Justice of Washington, DC, argued for defendant-appellee United States. With her on the brief were Mark B. Stern, Attorney, Appellate Staff; and John R. Tyler and Lisa A. Olson, Attorneys, Federal Programs Branch, Civil Division.

Before MAYER, Chief Judge, NEWMAN, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Crater Corporation ("Crater") sued Lucent Technologies, Inc. and American Telephone and Telegraph Company (collectively, "Lucent") in the United States District Court for the Eastern District of Missouri alleging that Lucent infringed Crater's U.S. Patent No. 5,286,129 (the "`129 patent"). The `129 patent is directed to an underwater coupling device (the "Crater coupler"). Crater also alleged state-law claims against Lucent for breach of contract...

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