TORO CO. v. SCAG POWER EQUIPMENT, INC.

No. 8:01CV279.

241 F.Supp.2d 1057 (2003)

THE TORO COMPANY, a Delaware Corporation, and Exmark Mfg. Co., a Nebraska Corporation, Plaintiffs, v. SCAG POWER EQUIPMENT, INC., a Wisconsin Corporation, and Metalcraft of Mayville, Inc., a Wisconsin Corporation, Defendants.

United States District Court, D. Nebraska.

January 23, 2003.


Attorney(s) appearing for the Case

Toni L. Bonney, David DeBruin Michacel E. Husmann, Jonathan H. Margolis, Richard H. Marschall, Best & Friedrich Law Firm, Milwaukee, WI, Richard P. Jeffries, Kutak Rock, LLP, Omaha, NE, for Metalcraft of Mayville, Scag Power Equipment.

Jeffrey C. Brown, Alan W. Kowalchyk, Earl D. Reiland, Mark D. Schuman, Merchant, Gould Law Firm, Minneapolis, MN, Shane M. Niebergall, Thomte, Mazour Law Firm, Omaha, NE, Donald S. Trevarthen, Toro Co., Bloomington, MN, for Toro, Exmark Mfg. Co., Inc.


MEMORANDUM AND ORDER

BATAILLON, District Judge.

I. Introduction

Scag and Metalcraft ("the defendants") move for summary judgment of invalidity of U.S. Patent No. 5,822,961 (" '961"). Filing No. 100. Exmark and Toro ("the plaintiffs") oppose the motion. The parties have filed briefs and indexes of evidence.1 Having carefully considered the parties' filings and the applicable law, I conclude that the defendants...

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