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VULCAN ENGINEERING CO. v. FATA ALUMINIUM, INC.

Nos. 00-1533, 00-1553.

278 F.3d 1366 (2002)

VULCAN ENGINEERING CO., INC., Plaintiff-Cross Appellant, v. FATA ALUMINIUM, INC., and Fata Group, S.p.A., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 5, 2002.

Attorney(s) appearing for the Case

J. Ross Forman, III, Burr & Forman LLP, of Birmingham, Alabama, argued for plaintiff-cross appellant.

Thomas N. Young, Young & Basile, P.C., of Troy, Michigan, argued for defendants-appellants. With him on the brief was Marshall G. MacFarlane. Of counsel were Amanda Conti-Dunhaime, Young and Basile, P.C.; and William R. Buesser and Diane M. Buettner, Buesser Buesser Black Lynch Fryhoff & Graham, P.C., of Bloomfield Hills, Michigan.

Before NEWMAN, MICHEL, and LOURIE, Circuit Judges.

Opinion for the court filed by Circuit Judge PAULINE NEWMAN. Opinion dissenting in part filed by Circuit Judge MICHEL.

PAULINE NEWMAN, Circuit Judge.

Vulcan Engineering Company brought suit for infringement of United States Patent No. 4,736,787 ("the '787 patent") against FATA Aluminum, Inc., and FATA Group, S.p.A. (collectively "Fata"). Fata raised various defenses, and filed a counterclaim charging that the '787 patent is invalid. The United States District...

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