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EPCON GAS SYSTEMS, INC. v. BAUER COMPRESSORS, INC.

Nos. 01-1043, 01-1071.

279 F.3d 1022 (2002)

EPCON GAS SYSTEMS, INC. and Norman S. Loren, Plaintiffs-Appellants, v. BAUER COMPRESSORS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: February 1, 2002.

Attorney(s) appearing for the Case

Gerald E. McGlynn, III, Bliss McGlynn, P.C., of Troy, MI, argued for plaintiffs-appellants.

John A. Artz, Artz & Artz P.C., of Southfield, MI, argued for defendant-cross appellant. With him on the brief were John S. Artz and Robert P. Renke.

Before MAYER, Chief Judge, CLEVENGER, and LINN, Circuit Judges.

LINN, Circuit Judge.

Epcon Gas Systems, Inc. and Norman S. Loren ("Epcon") appeal the decision of the district court granting summary judgment of non-infringement in favor of Bauer Compressors, Inc. ("Bauer"). Because the district court erred in its construction of claim 2 and summary judgment of non-infringement was improperly granted as a result, we reverse the grant of summary judgment and remand for trial. We affirm the denial of Bauer's motion to declare this...

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