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SCHWING GMBH v. PUTZMEISTER AKTIENGESELLSCHAFT

No. 01-1615.

305 F.3d 1318 (2002)

SCHWING GMBH, Plaintiff-Appellant, v. PUTZMEISTER AKTIENGESELLSCHAFT and Putzmeister, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 31, 2002.

Attorney(s) appearing for the Case

Thomas H. Jenkins, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was F. Leslie Bessenger III, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, GA.

George H. Solveson, Andrus, Sceales, Starke & Sawall, LLP, of Milwaukee, WI, argued for defendants-appellees. Of counsel on the brief was Walter M. Schey, Law Office of Walter M. Schey, of San Francisco, CA.

Before CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied October 31, 2002.

BRYSON, Circuit Judge.

Schwing GmbH appeals an order of the United States District Court for the District of Minnesota entering summary judgment that two types of concrete pumps, manufactured by Putzmeister, Inc., and Putzmeister Aktiengesellschaft, do not infringe Schwing's U.S. Patent No. RE 32,657. The district court held that prosecution history barred Schwing from asserting that the two accused...

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