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ECOLAB, INC. v. PARACLIPSE, INC.

Nos. 01-1204, 01-1205.

285 F.3d 1362 (2002)

ECOLAB INC., Plaintiff-Appellant, v. PARACLIPSE, INC. (doing business as Paraclipse Automated Insect Control Division), Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 9, 2002.

Attorney(s) appearing for the Case

J. Derek Vandenburgh, Merchant & Gould P.C., of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief were Douglas J. Williams and Jonelle R. Witt. Of counsel on the brief was Andrew D. Sorensen, Ecolab Inc., of St. Paul, MN.

Keith V. Rockey, Rockey, Milnamow & Katz, Ltd., of Chicago, IL, argued for defendant-cross appellant. With him on the brief was Kathleen A. Lyons. Of counsel on the brief was James J. Hill, Emrich & Dithmar, of Chicago, IL.

Before CLEVENGER, GAJARSA, and DYK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 9, 2002.

DECISION

DYK, Circuit Judge.

Ecolab Inc. ("Ecolab") brought suit against Paraclipse, Inc. ("Paraclipse") in the United States District Court for the District of Nebraska for infringement of its U.S. Patent No. 5,365,690 ("the '690 patent"). Ecolab appeals the decision of the district court upholding a jury verdict of noninfringement and denying Ecolab's motion for judgment as a matter of law or...

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