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EZ DOCK v. SCHAFER SYSTEMS, INC.

No. 00-1443.

276 F.3d 1347 (2002)

EZ DOCK, INC., Plaintiff-Appellant, v. SCHAFER SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied February 22, 2002.

Attorney(s) appearing for the Case

McPherson D. Moore, Polster, Lieder, Woodruff & Lucchesi, L.C., of St. Louis, MO, argued for plaintiff-appellant. With him on the brief was Douglas E. Warren. Of counsel were Michael Kovac, Polster, Lieder, Woodruff & Lucchesi, L.C.; and Daniel J. Maertens and Lora Esch Mitchell Fredrikson & Byron, P.A., of Minneapolis, MN.

Derek J. Vandenburgh, Merchant & Gould, P.C, of Minneapolis, MN, argued for defendant-appellee. With him on the brief were Douglas J. Williams; and Gregory C. Golla.

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

Rehearing and Rehearing En Banc Denied February 22, 2002.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the District of Minnesota declared EZ Dock, Inc.'s United States Patent No. 5,281,055 (the `055 patent) invalid due to an on-sale bar. Because the district court improperly resolved issues of fact against EZ Dock on summary judgment, this court vacates and remands.

I.

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