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H.R. TECHNOLOGIES, INC. v. ASTECHNOLOGIES, INC.

No. 01-1121.

275 F.3d 1378 (2002)

H.R. TECHNOLOGIES, INC., Plaintiff-Appellee, v. ASTECHNOLOGIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 19, 2002.

Attorney(s) appearing for the Case

Joseph C. Basta, Dykema Gossett, PLLC, of Detroit MI, argued for plaintiff-appellee. With him on the brief were Jill M. Wheaton, Robert L. Kelly, and Adam B. Strauss.

Stephen G. Rudisill, Jenkens & Gilchrist, of Chicago, IL, argued for defendant-appellant. With him on the brief was Paul R. Kitch.

Before NEWMAN, BRYSON, and DYK, Circuit Judges.

Rehearing En Banc Denied February 19, 2002.

BRYSON, Circuit Judge.

In this unusual case, the defendant, Astechnologies, Inc., appeals from an order dismissing an action without prejudice. The principal basis for the appeal is Astechnologies' contention that the district court should have dismissed the plaintiff's claims of patent infringement with prejudice rather than dismissing them without prejudice. We hold that the district court did not abuse its discretion...

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