MICRO CHEMICAL, INC. v. LEXTRON, INC.

No. 02-1121.

318 F.3d 1119 (2003)

MICRO CHEMICAL, INC., Plaintiff-Appellant, v. LEXTRON, INC. (formerly known as Great Plains Chemical Co., Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 21, 2003.


Attorney(s) appearing for the Case

Gregory A. Castanias, Jones, Day, Reavis & Pogue, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Lawrence D. Rosenberg and Kathleen M. Laubenstein. Of counsel on the brief was John Mozola, Mullin Hoard & Brown, L.L.P., of Amarillo, TX. Of counsel was Richard P. Holme, Davis, Graham, of Denver, CO.

Dennis J. Mondolino, Morgan, Lewis & Bockius, LLP, of New York, NY, argued for defendant-appellee. With him on the brief were Michael F. Hurley and Jeffrey M. Gold. Of counsel on the brief was Jerold I. Schneider, Piper Rudnick LLP, of Washington, DC.

Before RADER, SCHALL, and BRYSON, Circuit Judges.


RADER, Circuit Judge.

This case, which spans a fourteen-year period, has been the subject of two previous appeals to this court. See Micro Chem., Inc. v. Great Plains Chem. Co., 103 F.3d 1538, 41 USPQ2d 1238 (Fed.Cir.1997) (nonobviousness); Micro Chem., Inc. v. Great Plains Chem. Co., 194 F.3d 1250, 52 USPQ2d 1258 (Fed.Cir.1999) (infringement). The present appeal involves only damages...

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