DETHMERS MFG. CO. v. AUTOMATIC EQUIPMENT MFG.

Nos. 00-1114, 00-1130.

272 F.3d 1365 (2001)

DETHMERS MANUFACTURING COMPANY, INC., Plaintiff-Appellant, v. AUTOMATIC EQUIPMENT MFG CO., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

December 5, 2001.


Attorney(s) appearing for the Case

David A. Tank, Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines, IA, argued for plaintiff-appellant. With him on the brief were Brian J. Laurenzo and Michael C. Gilchrist, Dorsey & Whitney, LLP, of Des Moines, IA.

Timothy R. Engler, Harding, Schultz & Downs, of Lincoln, Nebraska, argued for defendant-cross appellant. With him on the brief was Donald R. Schoonover, Schoonover Law Firm, of Fremont Hills, MO.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, for amicus curiae Director of the United States Patent and Trademark Office. With him on the brief were Kristin L. Yohannan and Cynthia C. Lynch, Associate Solicitors.

Before CLEVENGER, SCHALL, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge SCHALL. Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

Dethmers Manufacturing Company, Inc. ("Dethmers") appeals the decision of the United States District Court for the Northern District of Iowa that granted Automatic Equipment Manufacturing. Co.'s ("Automatic's") motion for summary judgment that United States Patent No. Re. 35,482 (the "reissue patent"), owned...

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